Disability Discrimination in the Workplace
Disability discrimination occurs when an individual is discriminated against or harassed because of their disability, perceived disability, or association with someone who is disabled. This is against the law and punishable under the Americans with Disabilities Act (ADA).
Established in 1990 to end architectural, transportation, communication, and employment barriers to those with disabilities, the ADA is one of the most critical pieces of legislation aimed at preventing the mistreatment of these individuals. One of the most crucial aspects of this act is that employers with 15 or more employees may be held accountable for workplace discrimination against employees with disabilities.
The California discrimination attorneys at Wilshire Law Firm are committed to this fight and have successfully represented thousands of clients, recovering hundreds of millions of dollars on their behalves since 2007. You may have limited time to file a claim, so contact our discrimination lawyers for a free consultation today.
What Is Disability Discrimination or Disability Harassment?
Disability discrimination happens when someone is treated differently or put at a disadvantage because of their disability or another reason related to their disability. The following are examples of disability harassment or discrimination:
- Discrimination based on physical or mental disability during various stages of employment
- Harassing an employee because of his or her disability
- Asking prospective employees questions about their past or present medical conditions
- Refusing to accommodate employees with physical or mental disabilities
What Is Covered Under American Disability Act?
The ADA defines, and therefore protects, an individual with a disability as someone who has:
- A physical or mental impairment that limits at least one major life activity
- Has a record of or can otherwise prove this impairment
- Is perceived by others as having a disability or other impairment
Anti-discrimination laws like the ADA protect employees if he or she is:
- An employee
- A prospective job applicant
- A former employee
- An applicant or participant in a training program
There are a handful of specific disabilities covered by the ADA, which allows you to file a claim against your employer if you are fired, harassed, or discriminated against because of your condition:
- An injury that keeps you from working for a period of time, such as a back, shoulder, or knee injury
- An injury that requires surgery
- A specific type of disease, such as cancer, asthma, or epilepsy
- A mental disability, including chronic depression or bipolar disorder
What Is an Example of Disability Discrimination?
Discrimination takes many different forms and can happen to anyone at any time. Some of the most common types of disability discrimination our Los Angeles disabilities attorneys have helped fight include:
- Direct discrimination
- Indirect discrimination
- Harassment, including being treated in an antagonizing way that is offensive
Which Laws Protecting Employees Against Work Disability Discrimination
Designed for several purposes, the primary goal of the ADA is to establish standards that create a more inclusive world for individuals with disabilities. Discriminatory physical barriers have given way to readily accessible designs in new construction, and, when readily achievable, existing structures are required to be altered as well.
These accommodations extend not just physically but digitally as well – many websites are required to display their digital information in compliance with the ADA.
Likewise, employers have a legal duty to make reasonable accommodations for their employees and remove architectural and other barriers when such action is readily achievable, which includes:
- Installing ramps for wheelchair, walker, and motorized scooter use
- Installing grab bars in toilet stalls
- Altering the requirements for an employment position to allow individuals with disabilities to perform the essential functions of said position.
When statutes such as these are not honored, individuals with disabilities can potentially suffer from Adverse Actions. Adverse actions can take a variety of forms – wrongful termination, being passed over for a promotion, or not being provided equal access, for example – which is why Wilshire Law Firm is prepared to represent individuals in a broad spectrum of disability disputes.
How Our Employee Disability Discrimination Attorneys Can Help with Your Claim
Our injury lawyers understand the sensitive nature of these cases and will do everything we can to fight for you. If you were discriminated against by another person or your employer, give us a call to get started on your case today. Our employee discrimination attorneys will start by investigating your case and determining which course of action is best, such as a class action lawsuit or personal injury lawsuit.
Can I Get Compensation and SSDI Benefits?
You can receive both workers’ compensation and Social Security Disability Insurance (SSDI) benefits as long as you qualify for both programs. Please keep in mind the SSDI is overseen by the Social Security Administration (SSA) and is a federal program. Worker’s compensation, on the other hand, is governed by the State of California. For more information on what it takes to receive compensation and SSDI benefits at the same time, please contact our Los Angeles discrimination lawyers.
What Should You Do in Case of Disability Discrimination
If you believe that you are unfairly discriminated against as a result of a disability, it is important to begin recording any instances of discrimination, particularly if you are being discriminated against by your employer – you might not be the only one experiencing these adverse actions. Class action lawsuits are one of the most effective ways to recover compensation for these types of cases. To learn more about this option, please contact a Los Angeles disability discrimination lawyer at Wilshire Law Firm.
Employees experiencing adverse actions should exhaust any internal or interactive processes in an attempt to resolve any reasonable accommodation or disability discrimination issues, discussing the specific accommodations they feel they should receive from their employer. Take careful notes as this kind of direct evidence can be key in any later discrimination claims filed in court. If you are the victim of workplace retaliation based on a disability, contact us today.
If you’ve suffered illegal discrimination due to a disability, Wilshire Law Firm is here to help. Our nationally recognized attorneys are dedicated to getting disability discrimination victims the justice they deserve.
Contact a Los Angeles Disability Harassment Lawyer Today
Every individual deserves a fair chance and supportive working conditions. If you experienced discrimination because of a physical or mental disability, contact our disability discrimination lawyers immediately. There are numerous resources and disability rights guides out there for people with disabilities who have been harassed or otherwise mistreated.
Reach out to us 24/7 at (844) 979-0933, or fill out our online contact form to get started with your FREE case consultation. We are an award-winning team of over 130 dedicated legal professionals, and we don’t play around – we win.