Orange County Disability Discrimination Lawyer

What is Disability Discrimination?

Disability discrimination essentially is when an employer will not hire you or will fire you based solely on your disability and not anything else, such as your work performance. You might experience not getting the promotions that you deserve because you have a disability or be might be demoted because of your disability. If you are experiencing any of these issues, you likely have grounds to bring a claim and start on the path to justice, because your rights have been violated.

Our Orange County disability discrimination lawyers want to help you through this claim anyway that we can.

For you to better understand what disability discrimination is, here are some examples of situations that would be considered a violation of employee rights:

Someone who works in a grocery store and stock shelves might have a disability in the form of a back issue. It could leave them, temporarily or permanently, partially disabled but allow them to do some work. If he is put on a job that requires lifting things that are, for example, up to 40 pounds but he has a limitation of 25 and has been working with his coworkers to take all the stock that is less than 25 pounds while his coworkers do the heavier things to make his job doable.

The boss notices that this happens and he is firing him over it based solely on the fact that he cannot lift these heavier items, even though he’s worked out a system with his coworkers that allows him to keep up his work performance but not disobey his doctor’s orders. Even considering the fact that his employer had not done anything to accommodate him, the firing of him would be a violation of rights.

If he could not get these accommodations at work, then it would be a failure to provide a reasonable accommodation for an employee with a disability. If the employer had accepted the system that he established with his coworkers, then he would still have a job and the work would still be getting done.

Similar situations would be like if an employer had the ability to get a handicapped entrance for his handicapped employee but did not do it and instead fired them. That would be a violation of rights.

Another type of disability discrimination would be if a disabled person came in for an interview and the employer upon discovering this disability decided that they did not want to accommodate them, even though they were perfectly qualified for the job. That would be a violation of their rights.

A less common but just as valid experience of disability discrimination would be if you had someone at home with a physical disability who required you to be home at certain hours and your employer did not accommodate those hours for you, even though they have the ability to. That would be a violation of your employee rights and you should seek help from our Orange County disability discrimination lawyer to get started on building a strong case.

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Do the Laws Protect Me?

California will protect you under their state laws based on a broad definition of disability discrimination. The following are the things that you could be protected by under California law if you are faced with discrimination:

• Any disease or disorder or condition that will inhibit your ability to do things such as walk, talk, work, learn, or see
• Cosmetic disfigurements
• HIV or AIDS
• Epilepsy
• MS
• Diabetes
• Hepatitis
• If your employer thinks that you are disabled or may be disabled, based on your appearance
• Cancer or being in remission
• ADD or ADHD
• A broken leg they could have you off your feet for a prolonged period of time
• An impairment to your physical being or your mental health
• Anxiety and depression
• Pregnancy

If you believe you’ve been discriminated against based on these categories, please get in contact with our Orange County disability discrimination lawyer today to set up a consultation.

Further Defining Disability Discrimination Under California Law

As you can see, the definition of disability discrimination does not just accommodate one type of person. It is a broad, expanding definition. Here’s what you need to know:

• You’ll be covered if you have not gotten accommodations for your medical condition or your disability.
• You’ll be protected if you have not been granted leave that you should have been granted for medical or family reasons under FMLA or CFRA.
• You will be protected if your potential employer did not hire you due to a disability that you have or a disability that your employer thought you had.
• You will be protected if you were fired because you asked for accommodations based on your disability.

More Reasonable Accommodations

If you’re wondering what a reasonable accommodation should be, here is what the law defines as a reasonable accommodation request that you should be entitled to if you have a disability:

• Taking leave or an extension of a medical leave for a condition
• Working from home due to your medical condition or disability
• Getting reassigned to a position that better suits your abilities
• Having devices or equipment modified to your needs
• Adjusting your work schedule to better fit your needs
• Putting into place training or other policies or certain types of assistance based on your disability
• Having a workspace that is accessible for you

If you asked for a reasonable accommodation and you were not given one or you are fired because you asked for one, please get in contact with our Orange County disability discrimination lawyer as soon as you can so that we can get started on working on defending your rights to justice.

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Protected Against Retaliation

A lot of people are afraid to speak up about their discrimination or they’re afraid to ask for accommodations for their disability because they don’t want to be retaliated against by their employer. If you are retaliated against, meaning you are demoted or fired by your employer based on your disability or asking for a reasonable accommodation due to your disability, we urge you to get in contact with our Orange County disability discrimination lawyer as soon as you can. Your employer is not allowed to fire you for these reasons and if they’ve done it to you, they might have done it to someone in the past and might continue to do it to others. We want this justice to be corrected so that your rights are protected. Reach out right away.

What to Do If I am Experiencing Disability Discrimination?

If you have experienced disability discrimination in the form of getting passed up for a promotion, getting demoted, getting fired, or not getting hired by a company, you need to reach out to our Orange County disability discrimination lawyer right away.

As soon as you suspect that you are a victim of disability discrimination, we want to hear from you. We’d like to set up a consultation with you to go over the details of your claim.

During this consultation, you’ll get to tell us your side of the story and we will give you the legal advice that you need to take your first steps towards justice.

Odds are you have a lot going on in your life and the stress of a claim might seem overwhelming but we take care of all of the hard parts for you. We deal with the obstacles and handle the challenges of your claim so that your main focus can be yourself and your family.

We keep you informed every step of the way but we take care of all of the things about your employment law case that are challenging so that you don’t have to worry about this and have yet another stressor on your plate.

You might be wondering what you need to do next and we can give you steps to take next when you give us a call today.

Call Our Orange County Disability Discrimination Lawyer Today

We want to help you get the fairest results possible. We will work tirelessly to protect your rights that have been violated by your employer or potential employer. Please don’t hesitate to call us as soon as you can to set up a consultation with our Orange County disability discrimination lawyer. Call right away to get started.