Disability Discrimination Lawyer in Los Angeles, CA

Providing Experienced Legal Counsel Against Disability Discrimination

Disabled people are a protected class under federal and state laws. These laws generally make it illegal for employers to discharge, fail to promote, fail to hire or otherwise mistreat an individual because of a physical or mental disability so long as that person is able to perform the job. It also requires employers to make reasonable accommodations for employees with such physical or mental disabilities.

The American Disability Act – What Does It Cover?

The Americans with Disabilities Act (ADA) is a landmark piece of federal law that prohibits discrimination against disabled employees in the workplace and in other aspects of public life. This includes employment, education, transportation, and access to public and private spaces open to the general public. For employees, the ADA mandates that employers provide reasonable accommodations to qualified individuals with disabilities to help them perform their essential job functions.

Under the ADA, a disability is broadly defined as a physical or mental impairment that substantially limits one or more major life activities. This definition extends to individuals with a history of such an impairment or those perceived by employers as having a disability. For instance, even if a condition does not limit an individual’s ability to perform their job, the ADA protects them from discrimination if their employer perceives them as disabled.

The ADA applies to employers with 15 or more employees and ensures that individuals with disabilities have the same rights and opportunities as everyone else. Examples of discrimination that the ADA prohibits include:

• Denying a job opportunity because of a perceived disability.
• Failing to provide reasonable accommodations, such as job restructuring or modified work schedules.
• Retaliating against an employee for requesting accommodations or filing disability discrimination cases.

If you’re in Los Angeles and believe you’ve experienced such actions, consulting with a skilled disability discrimination lawyer can help you understand your rights and hold your employer accountable under disability discrimination law.

Who Is Covered Under the Disability Laws?

The legal definition may be broader than you think. For example, under California law, you are protected if you:

• Have any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that limits your ability to participate in major life activities such as working, talking, walking, hearing, seeing or learning. Examples include HIV/AIDS, hepatitis, epilepsy, diabetes, and multiple sclerosis.
• If your employer perceives you to have a physical impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling.
• Have a history of a medical condition or impairment such as cancer that is in remission.
• Have a permanent or even temporary physical or mental impairment, including a condition that may last six months or less such as a broken leg, clinically diagnosed depression, stress or anxiety, pregnancy, ADHD/ADD, etc.

What Are Examples of Discrimination?

Disability discrimination encompasses a wide range of scenarios, including:

• Failure to accommodate for disability or medical condition
• Failure to grant someone leave entitled to them, for example, under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA)
• Failure to hire a qualified employee due to his or her disability or perceived disability
• Discharging a disabled individual for requesting accommodations
• Failure to engage in the interactive process

What Is the Interactive Process?

Once an employee communicates he or she has a disability and may need an accommodation, certain state laws require an interactive process between the employer and the employee. On the employer side, this interactive process requires the employer to communicate with the employee in selecting an appropriate accommodation.

What Reasonable Accommodations Should You Expect?

The law requires employers to provide reasonable accommodations for employees with disabilities. Accommodations can include:

• Medical leave or extension of medical leave
• Permitting an employee to work from home
• Reassigning to an available position
• Modified equipment or devices
• Modified work schedules
• Adjustment of policies or additional training
• Interpreters or other required assistance
• Accessible workspace

Can an Employer Fire Me If I Request a Disability Accommodation?

Requesting an accommodation for a disability should never lead to termination. Both federal law and California law protect disabled employees from retaliation when they assert their legal rights. Employers are required to engage in an interactive process with their employees to identify and implement reasonable accommodations that enable them to perform their job duties effectively.

Firing someone simply because they requested accommodations violates the ADA and California’s Fair Employment and Housing Act (FEHA). Unfortunately, some employers may use pretexts such as “poor performance” or “downsizing” to cover up their true discriminatory motives. This is where disability discrimination attorneys play a critical role in exposing such tactics and seeking justice for affected workers.

For example, if a Los Angeles worker recovering from a workplace injury requests modified equipment or a temporary change in duties, their employer must consider these accommodations. If the employer instead retaliates by terminating their employment, they may be liable for disability discrimination. This also applies to situations where workers’ compensation claims are involved, as these claims often intersect with disability-related workplace rights.

Employees must remember that employers are not allowed to punish them for asserting their rights, even if providing reasonable accommodations may require adjustments. If you find yourself facing termination after requesting accommodations, it is essential to consult a disability discrimination attorney immediately to assess your case. Disability discrimination cases often involve complex legal arguments, but experienced attorneys can identify violations and advocate for compensation or job reinstatement.

Let Our Attorneys Protect Your Rights

At Allred, Maroko & Goldberg, our attorneys are well-known to the Equal Employment Opportunity Commission (EEOC), the California Department of Fair Employment and Housing, and other state agencies. We are respected for our aggressive, yet honest, representation of clients in valid disability discrimination claims.

Contact Us to Discuss Your Case

If you have been a victim of disability discrimination, please call our Los Angeles office at 323-746-1853 or our New York office at 646-992-2184 or contact our offices online.