California has strict laws against many types of employment discrimination, including discrimination based on an applicant or employee’s real or perceived physical or mental disability. Further, the federal Americans with Disabilities Act (ADA) provides protection against disability discrimination nationwide.
If you think you have experienced discrimination on the basis of your real or perceived disability, you should never wait to consult with a disability discrimination lawyer in San Francisco. The legal team at Olivier & Schreiber LLP is ready to help.
An employer is not allowed to make adverse employment decisions based on disability. This means that an employer may not (1) fail to hire and employee, (2) fire an employee, (3) demote or fail to promote an employee, (4) decrease the salary of an employee, or (5) reassign job duties or assignments in an unfair way (e.g., decrease hours or shifts offered) because of an employee’s disability. An employer is also not allowed to harass an employee, or allow supervisors to harass an employee (e.g., make offensive comments, jokes, or other conduct) based on the employee’s disabilities.
Further, employers are required to provide reasonable accommodations for employees with disabilities so they can perform their jobs. However, the law requires that an employee must properly request an accommodation, which should be granted unless it imposes an undue hardship on the employer.
Finally, employers cannot retaliate against employees for complaining about possible disability discrimination. Employees have the legal right to report unlawful conduct – either internally or to outside agencies or authorities. Employers cannot discipline, demote, reduce hours, harass, or terminate an employee following a proper complaint.
Some employees do not realize they are experiencing disability discrimination for some time. You might have a feeling that something is not right, but you might not pinpoint it as unlawful discrimination. Whether you have a gut instinct or are fairly certain you were a victim, it is time to consult with a disability discrimination attorney.
We can review all actions by your employer and determine whether you have suffered discrimination. If so, we can take the necessary steps to seek the legal relief you deserve. This can include back pay, reinstatement to your job, obtaining reasonable accommodations, and more.
Often, employers go to great lengths to avoid liability for disability discrimination. For example, if you were wrongfully terminated due to a disability, your employer might give another reason for your termination, such as budget cuts or decreased job performance. If these reasons are pretextual (meaning false), we can work on challenging your employer’s justification for your termination and show the real reason was rooted in disability discrimination.
At the law firm of Olivier & Schreiber LLP, we know there should be no tolerance for employment discrimination based on a disability or another protected characteristic. We stand up for the rights of employees in the Bay Area, and we bring extensive experience and knowledge to the table. Contact us for a free case evaluation today. We are ready to begin fighting for your rights as a discrimination victim.
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