The percentage of Americans with disabilities who are employed is less than 20 percent. In 2017, the Bureau of Labor Statistics released that over 26,800 charges were filed against employers for disability discrimination. Legally an employee has typically 300 days from the date of the incident to file a claim.Employees with disabilities, who are equally qualified to fill a position, should be treated fairly and be offered the same opportunities for employment and advancement as those without disabilities. San Francisco 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 San Francisco at 415-692-3462 to speak with a Disability Discrimination Attorney.
Disability Discrimination Laws And Acts
Employers have the legal responsibility to adhere to all federal and state discrimination laws. 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.” According to The California Fair Employment and Housing Act (FEHA)
- 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 to make reasonable accommodations for people with disabilities to do their jobs. These accommodations could include, but are not limited to, installing of ramps, modifying restrooms or workspace, providing interpreters (closed captioning/sign language), making work materials available in Braille or large print, and modifying schedules for medical appointments.
What To Do
An employer is legally required to comply with all state and federal laws concerning workplace discrimination. If you feel your employer has violated the law regarding Disability Discrimination in the workplace, contact JML Law today in San Francisco at 415-692-3462 or visit our website at www.jmllaw.com for a free case evaluation. Let our Disability Discrimination Attorneys ensure your civil and employment rights are being enforced. Each case is unique and we treat each of our clients with compassion and understanding. Our attorneys are prepared to investigate your employer, uncover witness testimony, consult with expert witnesses, and gather any evidence to support your claim. If your case does not reach a reasonable conclusion, we are owed nothing.
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