Irvine Disability Discrimination Attorney

Being denied opportunities, experiencing unfair treatment, or even being harassed as a result of a disability can leave you feeling worried about what the future can bring. Disability discrimination is unlawful, can bring financial hardship, and can hurt your emotional well-being. If you have experienced disability discrimination in the workplace, an Irvine disability discrimination lawyer can help.

Nosrati Law can fight for the justice you deserve. Our attorneys are passionate about holding employers accountable for injustices in the workplace and have over 25 years of experience in employment law. If you are looking for help filing a disability discrimination claim, our top-rated attorneys can guide you.

What Does Disability Discrimination Look Like in the Workplace

Disability discrimination can take many forms. Employers are prohibited from discriminating against or harassing employees and applicants due to their disabilities, including when hiring, scheduling, paying, promoting, terminating, or otherwise working with employees with disabilities. Employers must provide reasonable accommodations and engage in good-faith discussions about what accommodations are effective without causing undue hardship.

The California Civil Rights Department (CRD) reports almost 1,000 employment complaints relating to requesting or using disability accommodations. Reasonable accommodations could include allowing mobility aids, service animals, accessibility software, schedule changes, or other modifications that allow someone with a disability to complete their job duties.

Protections for Workers With Disabilities

Several laws and government entities exist to protect workers’ rights against disability discrimination. Laws that protect workers with disabilities are:

• The Americans with Disabilities Act (ADA). The ADA is a federal law that requires employers with over 15 employees to discuss and provide reasonable accommodations. The ADA also outlaws harassment or retaliation and prohibits discrimination when hiring, working with, or terminating employees with disabilities.
• California’s Fair Employment and Housing Act (FEHA). For employers with over five employees, California’s FEHA prohibits discrimination against employees or applicants based on protected characteristics. Included in this protected group are individuals with physical and mental disabilities.

The Equal Employment Opportunity Commission (EEOC) and California’s CRD both enforce fair treatment for workers with disabilities and play a role in discrimination complaints and claims. In California, the EEOC reports over 1,300 charges for employment-related disability discrimination a year, making up about 30% of all employment-related discrimination charges.

Hire a Disability Discrimination Lawyer

A lawyer’s deep knowledge of disability discrimination laws and protocols is necessary when filing a claim. A skilled lawyer can lead to a better claim outcome by:

• Building a strong claim. Each disability discrimination case is unique, requiring a nuanced argument and an array of evidence. A lawyer is knowledgeable about what needs to be proven to successfully argue that discrimination led to the damages that you have faced.
• Gathering and analyzing evidence. Evidence, including witness testimonies, communications between you and your employer, performance, reviews, and accommodation requests, can all provide valuable evidence for discrimination. A lawyer can collect necessary evidence and analyze how it proves unequal treatment or harassment.
• Managing filing and complaint deadlines. Filing deadlines can vary depending on whether state or federal laws have been violated, or if your employer is a government entity. A lawyer can identify what legal processes must be followed and when, ensuring you meet deadlines and complete each step in a timely and accurate manner.
• Pursuing a good settlement. Disability discrimination cases can cause professional damages, financial hardship, and emotional suffering. Your lawyer can determine for what damages you may be able to receive compensation to help you recover after facing discrimination, as well as negotiate for other aspects of settlement, such as changes in company policy.
• Reducing your stress. After suffering from disability discrimination, filing a claim can be overwhelming and stressful. Having an experienced lawyer who can guide you throughout the process can reduce your anxiety about the case and its impact on your future.

FAQs

Can I Receive Compensation for a Disability Discrimination Claim?

Many disability discrimination claims include compensation as part of the settlement. Compensation is meant to limit the financial burden and emotional distress that the discrimination may have caused. Your lawyer can work to include applicable damages in your claim, which could include backpay, front pay, emotional pain or suffering, punitive damages, or other out-of-pocket costs directly related to the discrimination.

What Penalties Can an Employer Face Due to a Disability Discrimination Claim?

Employers can face disability discrimination penalties, such as heavy fines and even criminal charges. Penalties are typically more severe when the employer was willingly or knowingly discriminating against you. In some cases, they can be penalized by paying punitive damages, which are awarded as part of your compensation. It is also possible that your employer can implement injunctive relief, which includes changes to company policies, training, or reporting that can prevent future discrimination.

What if an Employer Won’t Discuss My Accommodations?

An employer is required to participate in discussions about accommodations to implement effective and reasonable accommodations that help an employee with a disability complete their job duties. If your employer will not discuss accommodations or if they retaliate when you request or use an accommodation, you should hire a disability discrimination lawyer to file a complaint or discrimination claim against them.

Can You Get Your Job Back if You Were Fired Because of Disability Discrimination?

In many disability discrimination cases that involved unjust termination, it is possible to be reinstated. To do so, your lawyer can work with you to prove that being fired was a result of disability discrimination, not due to your performance or qualifications. As part of the settlement for your case, your lawyer can negotiate for reinstatement.

Learn How Nosrati Law Can Help You

Facing discrimination, harassment, or retaliation for having a disability can set you back financially, emotionally, and professionally. An experienced Irvine disability discrimination attorney at Nosrati Law can seek justice against your employer and pursue compensation for damages you may face. 

Contact us today for a free case review to discover how our attorneys can lead to the optimal outcome in a disability discrimination claim.