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Disability Discrimination Lawyers Bay Area

HomeDisability Discrimination Lawyers Bay Area

Disability Discrimination Lawyers Bay Area

Employees in California are not without their rights. This includes employees who are disabled. It can be very difficult to obtain gainful employment or get ahead in one’s profession in a hostile work environment. Unfair employment practices can have far-reaching adverse effects on the life of a person with disabilities. As a result, when discrimination happens, it is best to consult with a disability discrimination lawyer in the Bay Area at Olivier & Schreiber LLP.

What is a Disability?

Both the federal government and California’s state government have safeguards against discrimination for people with disabilities. California, in particular, has broad and expansive protections for these individuals. Individuals who have a physical or mental health condition can be considered disabled by the government. Examples of disabilities include:

  • Hearing issues and deafness
  • A partial or complete missing limb
  • Cerebral palsy
  • Vision issues and blindness
  • Hepatitis
  • Epilepsy
  • Heart disease
  • Circulatory disease
  • Mobility impairment
  • Chronic health issues

Legislation Protecting Disabled Americans from Discrimination

Two primary safeguards have been implemented that are meant to protect disabled individuals. These are:

The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) is federal legislation, meaning it applies to all 50 states in the country. Employers that have 15 or more employees must not discriminate against a disabled individual if that person is capable of performing the duties of a particular job. Sometimes, for a disabled employee to do their job, they may need accommodations. The ADA sets out that employers must provide reasonable accommodations in these situations. There are standards that are used to determine what would be considered a reasonable accommodation.

The Fair Employment and Housing Act (FEHA)

FEHA is a state legislation in California that essentially provides similar protections as the ADA. It is aimed at identifying discriminatory practices and giving employees who are the recipients of such discrimination the ability to remedy their circumstances. 

Discriminatory Practices that Disabled Individuals Are Protected From

If you are a disabled individual and you experienced any of the following, you may have a case to take action and recover your damages.

  • Firing or terminating employment based on a disability.
  • Not hiring a potential employee specifically because of a disability.
  • Unfair pay due to a disability.
  • Not offering an employee workplace training and advancement opportunities based on a disability.

Major Life Activities

Individuals who have a disease or disfigurement that affects major life activities may be considered disabled and qualify for protection under the law. A major life activity defines normal and reasonable daily life activities that others who are not disabled do not have difficulties performing. Some examples include:

  • Taking care of yourself
  • Being unable to see or hear
  • Sleep issues
  • Immobility or difficulties with walking and movement
  • Being unable to concentrate on various tasks
  • Breathing issues
  • Problems with communications

Speak with a Disability Discrimination Lawyer in the Bay Area

An experienced disability discrimination lawyer Bay Area at Olivier & Schrieber LLP can help you if you believe you have been discriminated against in the workplace because of your disability. Contact our seasoned legal team today to learn more.

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