Experienced Disability Discrimination Attorneys In Glendale, California
At the Manukyan Law Firm, our Glendale disability discrimination attorney takes all employment law violations very seriously — especially when they impact California workers who have physical, mental, or medical challenges.
Fortunately, both the federal Americans with Disabilities Act and the California Fair Employment and Housing Act prohibit employers from discriminating against applicants or employees based on actual or perceived disabilities.
If you believe your employer is taking adverse action against you, or if you have been wrongfully terminated for your condition, we would like to review your employment circumstances during a free consultation, so we can provide the legal guidance you need to make informed decisions about the direction of your case.
HOW CAN I IDENTIFY THE SIGNS OF WORKPLACE DISCRIMINATION IN CALIFORNIA?
California workplace discrimination occurs when employers treat qualified applicants or current employees differently due to their disabilities. Whether their disabilities are physical, mental, or medical, all California employees have the right to work in an environment free of discrimination or harassment.
Common signs that California employers are discriminating against disabled employees may include, but are not limited to:
- Forcing an employee to work despite medical restrictions.
- Refusing to provide time off for physician appointments.
- Retaliating against workers who assert their rights under state and federal laws.
- Failing to make reasonable accommodations for a disability or perceived disability.
- Demotion or termination based on a disability or medical condition.
If you are a disabled employee in California, and your employer is discriminating against you in any way, contact our dedicated disability discrimination attorneys in Glendale today for help.
WHAT ARE THE MAJOR DIFFERENCES BETWEEN THE FEHA AND ADA PROTECTIONS?
One major difference is that the federal ADA applies to employers with fifteen or more employees, while the California FEHA applies to employers with five or more employees. In addition, a California employer’s duty to accommodate an employee’s disability is broader under the FEHA than the ADA.
The FEHA also defines a disability in broader terms than the ADA.
- ADA defines a person as having a disability when he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.
- FEHA only requires that a physical or mental condition limit — as opposed to substantially limit — a major life activity, which means individuals with short-term or temporary disabilities may qualify for protection under FEHA.
If your employer has violated your state or federal protections in any way, contact the firm’s experienced disability discrimination lawyer in Glendale today to schedule a free consultation.
WHAT TYPE OF WORKPLACE ACCOMMODATIONS ARE REQUIRED BY STATE AND FEDERAL DISABILITY LAWS?
When applicants or employees with disabilities have the necessary experience, skills, and certifications for a job, and can perform its essential functions, employers are required to provide reasonable accommodation, if they do not cause undue hardship to the organization.
That may include:
- Making changes to existing equipment and facilities to help disabled workers.
- Modifying an employee’s hours and days to allow time for required medical treatment.
- Allowing for a reasonable amount of unpaid medical leave.
- Transferring an employee to the same job or a similar job at a different location.
If your California employer refuses to provide the necessary adjustments for your disability, we want to help you pursue the best legal remedies available for your unique case. Contact our Glendale disability discrimination attorney at the Manukyan Law Firm today for help outlining your case
WHAT LEGAL REMEDIES CAN I PURSUE DURING A DISABILITY DISCRIMINATION CASE IN CALIFORNIA?
At the Manukyan Law Firm, our disability discrimination attorney in Glendale reviews all California employment law cases on an individual basis. This means providing customized legal strategies for each of our client’s unique needs.
Common legal remedies for disability discrimination in the workplace may include:
- Hiring / Reinstatement
- Promotion
- Policy Changes
- Training Requirements
- Reasonable Accommodation(s)
- Past and Future Lost Earnings
- Damages for Emotional Distress
- Punitive Damages
- Attorney’s Fees and Court Costs
- Out-of-Pocket Expenses
The ADA limits the amount of compensatory and punitive damages a disabled employee is entitled to pursue during an employment law claim, while the FEHA has no such cap on damages. Our skilled Glendale disability discrimination lawyer will help you understand each important aspect of your case, and how it impacts your recovery options.
CONTACT OUR SKILLED DISABILITY DISCRIMINATION ATTORNEYS IN GLENDALE, CALIFORNIA FOR HELP
If you believe you are being discriminated against in your California workplace because of your disability, call our experienced Glendale employment law attorney at the Manukyan Law Firm at (818) 559-4444 to discuss your important case during a free consultation.
FREQUENTLY ASKED QUESTIONS FOR OUR DISABILITY DISCRIMINATION ATTORNEYS IN GLENDALE, CALIFORNIA
What is the Legal Process for Requesting Reasonable Workplace Accommodations?
In California, employers must engage in an “interactive process” when an employee or applicant requests reasonable accommodations. This means the employer must conduct an individual assessment of the disabled worker’s specific circumstances to determine what, if any, accommodation is available. A request for reasonable accommodation can be made verbally in person, or writing. Having written documentation of your request will protect you if your employer disputes whether or when you requested accommodation.
What Constitutes Undue Hardship to the Employer?
Under California law, an employer may deny a request for reasonable accommodations if it imposes an “undue hardship.” An undue hardship is any accommodation that is “unduly extensive, substantial or disruptive.”
This may include:
- The size of the organization.
- The cost of the accommodation.
- The economic resources of the employer.
- The degree of impact the accommodation would have on the organization’s operations.
Is it Considered Disability Discrimination if I am Being Harassed at Work for My Condition?
If you were harassed by your employer, co-worker, vendor, or another agent of your employment because of your disability, you may have more than one employment law case against your employer. Our skilled disability harassment and discrimination attorney in Glendale can help you understand your legal rights, so you can move forward with confidence.
How Can I Prove I Am Being Discriminated Against in the California Workplace for My Disability?
If you have documents or testimony regarding statements your employer has made about your disability, this can be used as direct evidence of discrimination. If there is no direct evidence, the following documents and testimony may help prove that your employer treated you differently because of your disability.
This evidence may include, but is not limited to:
- Application forms.
- Employer correspondence.
- Employer policies.
- Job advertisements.
- Legally acquired recordings.
- Personnel records.
- Witness testimony.
How Long Do I Have to File a California Disability Discrimination Claim?
California employees who believe they have been discriminated against due to a disability must file a complaint with the EEOC within 300 days of the date the discrimination occurred. Our disability discrimination attorneys in Glendale encourage all employees to contact our law firm as soon as they believe their employment rights have been violated, so we can act quickly to pursue the best outcome.