Los Angeles Disability Discrimination Lawyers
A Compassionate Team Fighting for Fair Treatment & Hiring Practices
Americans with disabilities are entitled to fair and non-discriminatory treatment in their workplaces under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. If you believe you or your loved one has been discriminated against at work, call us. At the Barkhordarian Law Firm, we love advocating for our clients and their legal rights. Our Los Angeles disability discrimination lawyers are well-respected in our community and in the courtroom. We do the quality work that larger firms are known for and aren’t afraid of going up against even the largest adversaries.
Workplace Harassment Cases
If you feel you are being bullied or disrespected at work because of your disability, you may have a case. According to the Equal Employment Opportunity Commission (EEOC), it is illegal for workers to disparage someone because of their disability, a past disability, or a minor physical or mental impairment that is not transitory.
Some forms of harassment may include:
- Offensive remarks about a person’s condition.
- Comments which lead to the person’s demotion or firing.
- A hostile environment that encourages the person to leave the company.
- Putting the victim in situations that would highlight their disability for the purpose of mocking that person.
- Asking a job applicant questions about their current medical history or requiring them to take a medical exam.
Harassment can come from anyone at the company, be it a supervisor, coworker, or even a client. Victims of harassment should not tolerate this behavior. Instead, they should hire an aggressive and effective attorney to advocate for them immediately. With decades of combined legal experience backing up our team, the Barkhordarian Law Firm legal team is here to help.
Am I Covered by California Disability Laws?
California disability discrimination laws protect both current and former employees from discrimination on the basis of physical or mental disabilities. This means that any employer with five or more employees must abide by the regulations set forth in the California Fair Employment and Housing Act (FEHA). Under this law, employers are prohibited from making decisions about hiring, job assignments, promotions, wages, benefits, layoffs, and termination based on someone’s disability status. They also cannot discriminate against an employee when it comes to training, unpaid internship/apprenticeship programs, and other workplace activities.
Employers are also prohibited from taking any adverse action against a person because they have a physical or mental disability that impairs a major life activity. This could include anything from walking to working to sleeping. Major life activities also include caring for oneself, eating, performing manual tasks, learning and concentrating. Furthermore, employers must make reasonable accommodations in order to allow people with disabilities to perform their duties without undue hardship on the employer’s part.
In addition to physical and mental disabilities protected under California’s disability discrimination laws, individuals with medical conditions such as cancer or HIV/AIDS are also covered under this law. These individuals are protected from discrimination related to their diagnosis or treatment for the medical condition itself. Employers must provide reasonable accommodations for these individuals unless doing so would cause an undue hardship on the employer.
California disability discrimination laws also cover those who are perceived as being disabled even if they are not actually disabled. This includes someone who is mistakenly believed to be disabled due to a physical characteristic that is unrelated to their actual abilities or limitations but which appears similar to those of someone who is disabled (e.g., facial disfigurement). The law also covers those who associate with someone who has a disability or is perceived as having one (e.g., family members).
Discrimination based on association with a disabled individual is illegal both in California and at the Federal level under Title VII of the Civil Rights Act of 1964 (Title VII). Employers must take all necessary steps to ensure that applicants and employees with disabilities receive equal opportunities in employment without facing any form of discrimination on account of their status as being associated with someone else who has a disability or is perceived as having one.
How Can a Los Angeles Discrimination Lawyer Help?
No one should have to suffer discrimination in the workplace due to their disability. Unfortunately, it does happen, and those who are wronged need someone with the experience and determination to help them fight for justice. Los Angeles disability discrimination lawyers can provide just that – a passionate advocate who will stand up for your rights and ensure you get the compensation you deserve. Here are a few of the things a Los Angeles discrimination lawyer can do to help:
- A Los Angeles disability discrimination attorney near you can provide experienced advice regarding the legal rights of those facing workplace discrimination on the basis of their physical or mental disabilities.
- An attorney can represent clients in filing a claim with the California Department of Fair Employment and Housing to ensure that their rights are protected and any necessary corrective action is taken by employers who have violated antidiscrimination laws.
- The lawyer can assist workers in understanding how certain situations may be relevant to their case as well as what potential remedies may exist for them depending on the circumstances of their particular situation.
- Disability discrimination attorneys in Los Angeles can negotiate settlements with employers on behalf of clients, ensuring that they receive appropriate compensation for damages suffered due to discrimination, including lost wages, emotional distress, and punitive damages if awarded by a court or administrative tribunal
- An experienced disability discrimination lawyer will know all applicable state and federal laws related to workplace disability discrimination and help build an effective legal strategy tailored specifically to each client’s unique needs
- Lawyers also work hard to protect workers subjected to harassment based on real or perceived disability status from retaliation following any complaints about such behavior
- Attorneys serve as strong advocates for clients during disputes at work over reasonable accommodation policies
From investigating claims of discrimination to filing lawsuits on behalf of victims, our attorneys are committed to advocating for fair treatment in all areas of employment law.
Reasonable Accommodation in Disability Cases
Individuals with disabilities may need some special accommodations to enjoy comfort and security at their jobs. The law requires that companies grant these requests as long as they do not cost the employer a significant amount of money or cause significant difficulties.
A reasonable accommodation would include anything that changes the work environment in order to help a person perform the duties of a job, apply for a job, or enjoy the benefits of a job. This could include wheelchair accessibility, an interpreter for the deaf, or flexible scheduling due to doctor’s appointments.
If your request for accommodation is denied, a lawyer at our firm can take a look at the case. You may have the right to pursue legal action if we can determine that the denial was unjust and does not fall under the protections of undue hardship to the employer.