Disability discrimination in the workplace is illegal under both federal and California law. Unfortunately, many employees and job applicants still face unfair treatment because of a physical or mental disability. Understanding what constitutes disability discrimination can help you protect your rights and take action if you experience it. At Wilshire Law Firm, we help workers fight back against unlawful employment practices. If you believe you have been discriminated against, contact us for a free and confidential legal consultation.
What Is Disability Discrimination?
Disability discrimination occurs when an employer treats an employee or applicant unfairly because of a disability or perceived disability. Under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), employers must provide equal opportunities and reasonable accommodations for qualified individuals.
5 Common Examples of Disability Discrimination
1. Refusing to Hire a Qualified Applicant
Employers cannot deny employment to someone who is qualified for the job simply because they have a disability. If the applicant can perform essential job functions with or without reasonable accommodation, rejecting them based on disability is unlawful.
2. Denying Reasonable Accommodations
Employers are required to provide reasonable accommodations unless doing so would cause undue hardship. Examples include:
- Modified work schedules
- Assistive technology
- Accessible workspaces
Failing to provide these accommodations can constitute discrimination.
3. Harassment Based on Disability
Making offensive comments, jokes, or creating a hostile work environment because of someone’s disability is prohibited. Employers must take steps to prevent and address harassment.
4. Demoting or Terminating an Employee
Firing or demoting an employee because of a disability or medical condition is illegal. Employers must engage in an interactive process to determine accommodations before making employment decisions.
5. Retaliation for Requesting Accommodations
Employees have the right to request accommodations without fear of retaliation. Punishing someone for asserting their rights under disability laws is a violation of California and federal law.
Your Rights Under California Law
Under FEHA, employees and applicants are protected from:
- Discrimination based on physical or mental disability
- Failure to provide reasonable accommodations
- Retaliation for asserting legal rights
Employers with five or more employees must comply with these requirements.
What to Do If You Experience Disability Discrimination
- Document Everything: Keep records of conversations, emails, and incidents.
- Report Internally: Notify your HR department or supervisor.
- File a Complaint: You may file with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
- Consult an Attorney: Legal guidance can help you protect your rights and pursue compensation.
Compensation for Disability Discrimination Claims
Victims of workplace discrimination may be entitled to compensation for:
- Lost wages
- Emotional distress
- Job reinstatement
- Attorney’s fees
The amount depends on the specifics of your case, including the severity of the discrimination and its impact on your career.
Why Legal Guidance Matters
Employment discrimination cases can be complex. An experienced attorney can:
- Explain your rights under California and federal law
- Gather evidence to support your claim
- Represent you in negotiations or litigation
At Wilshire Law Firm, we provide:
- Award-Winning Legal Representation
- Proven Track Record in Employment Law Cases
- Client-Focused Service from Start to Finish
We never make guarantees about outcomes, but we work tirelessly to protect your rights. We offer free consultations and no fees unless you get paid.
Get Your Free Consultation Today
If you believe you have been a victim of disability discrimination in California, contact Wilshire Law Firm today. We’ll review your case, explain your options, and help you take the next step toward justice. Call us now or fill out our online form.
