What Is Disability Discrimination?
Discrimination occurs when one person or a group of people are treated differently because of a protected trait. These traits include:
- Race
- Gender
- Sexual orientation
- Religion
- Ethnicity
- Ability
Disability discrimination occurs when someone treats a disabled individual unfairly simply because of their disability. Although certain appropriate accommodations may be necessary for a disabled individual, discrimination is different. Disability discrimination can take many forms.
Disability Harassment
Disability harassment involves offensive or unwelcome behavior in the workplace that works to mock or emotionally upset someone based on their disability. Examples of disability harassment include offensive and negative statements or jokes at the expense of a person’s disability or need for a workplace change. This can also involve a range of verbal and physical misconduct centered on mocking a person’s disability.
Employer Discrimination
Your employer cannot discriminate against you in the hiring or firing process. This occurs when an employer attempts to use things like past mental illness to justify an employment decision. Discrimination can also occur in cases where an employer might assume a disability when there is none and refuse to hire based on that presumption.
Other examples of employer disability discrimination include:
- Failure to promote a worthy employee because of their disability
- Firing an employee because they are disabled
- Leaving disabled individuals out of key workplace efforts such as meetings or memos
- Withholding information essential to performing the job
You also have a right to privacy concerning your disability. If it is not directly impacting your ability to do your job, employers do not have the right to ask unrelated questions about your disability or treat you differently because of it. If you believe you are being mistreated at work, contact a Long Beach discrimination attorney right away to seek compensation.
Why Do I Need a Disability Discrimination Attorney?
Unfortunately, disability discrimination is not always easy to prove. While the law protects disabled individuals against discriminatory practices, this can sometimes be difficult to document. When it comes to wrongful termination or employer discrimination, employers are rarely upfront about it. They will often find more subtle ways to discriminate.
Because many employers are aware of disability discrimination laws, they end up acting or making changes to your workplace position in a way that does not seem illegal. This means that assembling evidence and creating a convincing argument can be challenging. That is why having the expertise of a trained attorney who works specifically with employment law and discrimination is vital in proving discrimination.
If you are dealing with the day-to-day frustrations and challenges of a disability, you should not have to also deal with disability discrimination. A disability attorney is there to make your life easier, help you navigate the legal requirements, and talk you through your options and rights in your case while knowing the best ways to get you the justice you deserve.
To develop a strong disability discrimination case, it is best to use a qualified attorney. If you do, you will be more likely to win the settlement that you deserve.
Protecting Your Rights as a Disabled Individual
To protect your rights as a disabled individual in California, you must first understand what rights you possess.
- You have federal protection from discrimination based on disability in your workplace. This is as true in Long Beach as it is in other parts of the country. You have the right to be free of harassment at your place of work, as well as the right to employment. Federal law prohibits your employer from terminating your employment or refusing to hire you based on your disability.
- You also have rights to privacy in a number of ways. You do not have to inform an employer of your disability or past disabilities when you are hired. This is true if your condition changes as well, and you are still entitled to reasonable accommodation for your disability later in the post-hiring process. You also are protected from unnecessary medical inquiries at work, and you do not have to disclose any new or specific details of your disability.
- You always have the right to ask for and receive reasonable accommodations. This process is simple and straightforward and starts with a request for reasonable accommodation. You will likely need to provide a note from a doctor if requested.
However, any private employer with 15 employees or less will not be covered by federal disability nondiscrimination laws. California law will apply to employers with five or more employees.
Proving Disability Discrimination in Long Beach, California
As mentioned, proving disability discrimination is not always as straightforward as experiencing it in the workplace. Most employers will find excuses or exceptions to hide their discriminatory practices, so you will want attorneys with expertise in the field to develop your case.
Your disability attorney will help you assemble relevant evidence for your case. You should retain all emails, memos, letters, and other written information surrounding the discrimination as proof that it happened. If you have conversations with your employer about your disability and employment status, note the times and topics of these conversations. You can even follow up with an email detailing what you discussed, so that you have a trail of evidence for your attorney to use.
Your employment file will also be helpful in proving discrimination. For example, if you are being fired, your file should reflect notes about any problems that have occurred. If your file does not contain any such information, your employer cannot legally fire you for behavioral issues. It will become clear that they are discriminating based on your disability.
If you are passed over for a job or promotion, ask for a written explanation of what you can do better. If the reasoning or suggestions seem illegitimate or halfhearted, it may be a sign that the real reason you did not receive the job is because of discrimination.
Employment Law FAQs
Q: How Do I Prove Disability Discrimination in California?
A: While it can be difficult, be sure to keep notes and save emails or other noticeable accounts of discrimination. A disability attorney can use these to build a case. The more evidence you can collect, the stronger your case will be. You will be more likely to win the settlement that you deserve.
Q: What Is Disability Discrimination in California?
A: Disability discrimination is any harassment towards, wrongful firing of, or refusal to hire someone with a disability. Discrimination can also include the denial of promotions that one has earned or undeserved demotions. Withholding information that is vital to the employee’s success and ability to properly perform their duties is also discriminatory behavior.
Q: What Are My Rights as a Disabled Person in California?
A: You have the right to work without enduring discrimination or harassment. You also have the right to privacy regarding your disability. An employer is not allowed to discuss your disability when it does not apply to your job performance. The law requires your employer to provide you with reasonable accommodations if you ask for them.
Q: How Do I File a Disability Discrimination Claim?
A: When you file your claim, a disability attorney will work with you to file under all the proper forms and in the proper courts. They will also help you compile any evidence of the discrimination and guide you as to what kinds of evidence will best prove your case. Federal claims are filed with the Equal Employment Opportunity Commission (EEOC), while state claims are filed with the California Civil Rights Department (CCRD).
Contact Nosrati Law, A Professional Law Corporation
If you are experiencing discrimination of any kind, it is easy to feel like you are alone. Our firm is here to make sure that you have advocates who are ready to work with you. You do not need to endure illegal and painful discriminatory practices alone. We are here to make sure that your case gets justice and that you get compensated for the poor treatment you have experienced.
For more information about our firm or how we can support you during your discrimination case, contact Nosrati Law, A Professional Law Corporation online today.
