Disability discrimination is when an employer treats a qualified employee unjustly or unreasonably because he or she has a disability. Employees with disabilities should be treated fairly and be offered the same opportunities for employment and advancement as those without disabilities. However, according to the Bureau of Labor Statistics, in 2017 only 18.7 percent of people with a disability were employed, 32 percent of workers with disabilities were only part-time employees, and over 26,800 charges were filed against employers for disability discrimination.
Long Beach employers are required to adhere to California disability laws concerning their employees. If you have been discriminated against by your employer because of a disability, contact JML Law in Long Beach at 818-610-8800 to speak with a Disability Discrimination Attorney.
Disability Discrimination Laws And Acts
The California Fair Employment and Housing Act (FEHA) and the Disabled Persons Act are state laws protecting people from disability discrimination. Employers have the legal responsibility to adhere to all discrimination laws. The FEHA states:
- Employers must evaluate job applicants regardless of their actual or perceived disabilities. They can’t ask about the nature or severity of disabilities nor can they require an applicant to take medical or psychological exams that aren’t routinely given to other prospective hires.
- Employers may ask an applicant about his/her ability to perform job-related functions and respond to a request for a reasonable accommodation.
- Employers may (but do not have to) ask for medical certification of an employee’s or applicant’s need for reasonable accommodation.
- If there is a question of what accommodation is possible or whether it will allow an employee or applicant to do the job, employers are required to engage in a timely, good faith interactive process with the person who needs support to do a job or his or her representative. This process can clarify what job functions are essential, what accommodations are possible, and whether accommodating an employee with a disability will be an “undue hardship” to the business operation.
The FEHA requires employers, and other establishments, to make reasonable accommodations for people with disabilities to do their jobs and provide acceptable entrance(s) to businesses and services. Some, but not all, disabilities protected by law are “conditions that limit a major life activity, including physical and mental disabilities, as well as medical conditions like cancer or HIV/AIDS.”
What To Do
California laws concerning disability discrimination are more protective than federal laws. An employer should never disregard an employee’s civil and employment rights. If you feel your employer has violated the law regarding Disability Discrimination in the workplace, contact JML Law today in Long Beach at 818-610-8800 or visit our website at www.jmllaw.com for a free case evaluation. Let our Disability Discrimination Attorneys ensure your rights are being enforced and inform you of what legal options are available to you. We treat our clients with compassion and understanding. We know all cases are unique and our attorneys are prepared to investigate your employer, uncover any witness testimony, consult with expert witnesses, and gather any supporting evidence for your claim. At no risk to you, our fees are only paid if your case reaches a reasonable outcome.
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