Bay Area Disability Discrimination Lawyer

Bay Area Disability Discrimination Lawyer

As an employee in California, you have important rights. If you’re an employee with disabilities, any unfair employment practices can be particularly damaging, but the law is on your side. If you’re in the difficult position of facing disability discrimination on the job, you need an experienced Bay Area disability discrimination lawyer in your corner. 

Disabilities Defined

The State of California defines disabilities as any physical or mental condition that limits one’s ability to participate in the primary activities of life. Medical conditions like HIV/AIDS and cancer that meet this criterion also qualify. In fact, California’s definition of disabilities and the protections required are sometimes more expansive than those of the federal government.

Legal Protections

In California, employees with disabilities are protected by two primary forms of legislation, including:

• The Americans with Disabilities Act or ADA (at the federal level), which is intended to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities
• The Fair Employment and Housing Act or FEHA (at the state level), which is intended to help stop discriminatory practices in the workplace and to provide employees with remedies

ADA

The ADA is enforced in part by the U.S. Equal Employment Opportunity Commission (EEOC), and it prohibits all employers with 15 or more employees from discriminating against individuals with disabilities who are capable of performing a job’s essential functions. This is true even if the employee in question requires reasonable accommodations in order to do so. The ADA also has standards in place that help determine when the term disability applies and the kinds of accommodations that are considered reasonable in the situations at hand. 

FEHA

FEHA amounts to California’s version of the ADA, and it shares the purpose of rooting out discriminatory practices and providing employees with available remedies. Federal laws allow states to create and adopt their own laws to provide protections against discrimination, which must equal or exceed the ADA’s. California requires employers to adhere to the highest standards, which are typically FEHA’s. 

Disabilities

While disabilities can come in many different forms – and they are all important to consider there are certain conditions that are specifically included in the definition of disability, including:

• Blindness 
• Deafness
• A missing limb (partial or complete)
• Mobility impairments that necessitate a wheelchair
• Cerebral palsy
• Chronic or episodic health concerns, including MS, diabetes, HIV/AIDS, hepatitis, epilepsy, and heart and circulatory disease

Protections

California protects employees from all the following forms of discrimination:

• Refusing to hire a prospective employee based on a disability
• Refusing to pick an employee for a training program based on a disability
• Firing an employee based on a disability
• Paying an employee less based on a disability
• Restricting other conditions, terms, or privileges of the job based on an employee’s disability

An Experienced Bay Area Disability Discrimination Lawyer Can Help

The savvy California bay area disability discrimination lawyers at Olivier & Schreiber P.C. recognize how damaging disability discrimination is and have the experience and drive to help. To learn more, please don’t wait to contact us today.