Disability Discrimination Lawyer
What is Disability Discrimination?
Disability discrimination occurs when an employer treats an employee (or applicant) unfavorably because of an actual or perceived disability. Disability discrimination extends to employers treating an employee unfavorably because his or her spouse has or is perceived to have a disability.
Disability Discrimination Requirements
EEOC - 15+ employees
CA FEHA - 5+ employees
Standard Time Limit
EEOC - 180 days to file a charge
CA FEHA - 1 to 3 years, depending on different circumstances.
Common Forms of Disability Discrimination
Failure to hire
Failure to promote
Unequal Pay, training, fringe benefits
Unjust suspensions, lay-offs, terminations
Employer's Duty to Provide Reasonable Accommodations
The law requires that employers who know or suspect an employee (or applicant) to have a disability work with that employee to determine whether reasonable accommodations can be found.
An employer must make all reasonable accommodations unless such accommodations would create an undue hardship. No one-size-fix-all approach will work for every employee. An employee and the employer must determine what can be done and should periodically evaluate the effectiveness of the accommodation. If accommodations are not working, the employee should tell the employer and try other accommodations to determine if they will work.
What Should You Do If You Have Been Discriminated Against?
If you believe that you have been discriminated against, you should reach out to an experienced Disability Discrimination Employment Law Attorney to discuss your unique situation. As you can tell, every situation is different and no one-sized-fit-all approach will work for every employee.