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

Employer Size

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.

 

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