Los Angeles Disability Discrimination Lawyers
Advocating for Employees Facing Disability Discrimination
California employees with disabilities have numerous rights and protections under the law. The Americans with Disabilities Act (ADA), Rehabilitation Act, California Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, and the Disabled Persons Act all have statutes that outline how employers must provide for persons with disabilities in the workplace.
If an employer discriminates against you because of your disability, even a perceived or potential disability, you may have grounds to seek compensation. At Nosrati Law, our disability discrimination attorneys in Los Angeles exclusively represent employees. We have the experience and resources to stand up for your rights.
Proven Results in Disability Discrimination Cases
Why Choose Us for Your Disability Discrimination Case?
You need to be able to trust the law firm you choose. At Nosrati Law, we exclusively represent employees, never employers, which means our entire focus is on protecting your rights and pursuing the fairest possible outcome for you.
Workers in Los Angeles trust us with their claims because of our:
- Exclusive focus on employment law: We handle only employment-related claims, giving us a depth of knowledge and experience that most general practice firms simply cannot match.
- 40+ years of combined practice experience: Our attorneys have spent decades representing employees in discrimination cases throughout Los Angeles and California.
- Track record of significant recoveries: We have secured multi-million dollar settlements and verdicts on behalf of our clients, including a $1.08 million recovery in a wrongful termination and disability discrimination case.
- No recovery, no fee: You will not owe us any attorney fees unless we win your case.
Disability discrimination is a serious problem in California, and the laws surrounding it are complex. If you have a disability and have experienced any form of discrimination, harassment, or adverse employment action because of your condition, you have a right to take legal action against your employer for damages. Contact us today to learn more about your options.
Call (323) 784-0643 to discuss your case with our Los Angeles disability discrimination attorneys.
What Qualifies as Disability Discrimination in California?
If you have a condition that California state law recognizes as a disability, you are part of a protected class. As such, you have the right to fair and equal treatment from your employer. There is no excuse for an employer to treat someone less favorably because of a disability, a family history of disability, or even the belief that someone has a disability. Doing so is against the law.
Disability discrimination generally falls into one of the following categories:
Disparate Treatment
Disparate treatment occurs when an employer treats an employee or job applicant less favorably than others because of their disability. This is the most direct form of disability discrimination and includes actions such as refusing to hire, demoting, or terminating an employee based on disability.
Failure to Provide Reasonable Accommodation
California law requires employers to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship to the business. Refusing to engage with an accommodation request, or outright denying it without legitimate justification, is a violation of the law.
Failure to Engage in the Interactive Process
When an employee requests an accommodation, the employer is legally obligated to engage in a timely, good-faith interactive process to explore possible solutions. Ignoring or stonewalling that process is itself an unlawful act, separate from any failure to accommodate.
Disability-Based Harassment
Disability-based harassment occurs when an employee is subjected to unwelcome conduct based on their disability that is severe or pervasive enough to create a hostile or abusive work environment. This can include derogatory comments, ridicule, or offensive remarks about a disability.
Retaliation
Retaliation occurs when an employer takes adverse action against an employee for requesting a reasonable accommodation, filing a disability discrimination complaint, or participating in a related investigation or proceeding.
Are Employers Required to Accommodate Disabled Employees?
If a disabled employee cannot perform the essential functions of their position, the employer may not be required to hire or retain them. Similarly, an employer may not be required to provide a specific accommodation if doing so would cause undue hardship. However, the "undue hardship" defense has many factors, and employers frequently invoke it improperly.
If you have reason to believe that you were discriminated against at work because of a disability, our attorneys can help you assess whether your employer's actions were lawful or whether discrimination was a factor.
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Real-World Examples of Disability Discrimination at Work
Disability discrimination does not always look the same from case to case.
If any of the following situations sound familiar, you may be a victim of disability discrimination:
- You disclosed a medical condition or disability to your employer and were terminated, demoted, or reassigned shortly afterward.
- Your employer refused to consider any accommodations for your disability despite your request, without providing a legitimate reason.
- You requested a modified schedule or leave for a disability-related medical need and were denied, disciplined, or penalized as a result.
- Your employer asked you invasive questions about the nature or severity of your disability or required you to undergo medical exams not required of other employees.
- A job offer was withdrawn after your employer learned of your disability or medical condition.
- You were passed over for a promotion or excluded from opportunities despite being qualified, and your disability appears to have been a factor.
- Supervisors or coworkers made repeated comments, jokes, or remarks about your disability that went unaddressed by management.
- You filed a complaint about disability discrimination or requested an accommodation and subsequently faced negative performance reviews, reduced hours, or termination.
How Nosrati Law Can Help You Through The Process
When you work with Nosrati Law, you gain a team of award-winning employment attorneys – including our founder, Omid Nosrati, who was selected as one of the Top 100 Labor and Employment Lawyers in California.
Our disability discrimination lawyers will handle every aspect of your claim from start to finish. This includes conducting a thorough review of your situation, gathering and preserving key evidence, such as personnel records, internal communications, and documentation of any discriminatory conduct, and crafting the strongest case possible from the ground up.
We can also take over all communications with your employer and their legal representatives, manage any filings with the EEOC or the California Civil Rights Department (CRD), and keep you informed and updated at every stage of the process. Whether your case heads into settlement negotiations or in-court litigation, we’ll be ready to represent you and your best interests.
Contact Our Los Angeles Disability Discrimination Attorneys
If you believe you have been discriminated against at work because of a disability, do not wait to act. California law imposes strict deadlines on discrimination claims, and the sooner you reach out, the sooner we can look for ways to fight for your employment rights. Our team at Nosrati Law is ready to evaluate your case at no cost to you.
Call (323) 784-0643 for a free case review with our disability discrimination lawyers in Los Angeles.
Common Questions
About Disability Discrimination Claims
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What qualifies as a disability under California law?
A handful of different laws in California protect people with disabilities from employer discrimination. The law defines the parameters of a "disability," although what qualifies can vary on a case-by-case basis.
The following are disabilities the law usually recognizes:
- Challenges such as loss of limb
- Chronic diseases such as diabetes, cancer, and AIDS
- Chronic psychological conditions such as depression or bipolar disorder
- Intellectual, cognitive, or mental disabilities
- Learning disabilities
- Pregnancy, childbirth, and related medical conditions
- Speech, hearing, or eyesight impairments
- Other conditions that limit a major life activity
To learn if your condition qualifies as a disability in California, speak to one of our Los Angeles disability discrimination lawyers at Nosrati Law. We understand state and federal discrimination laws and can help you understand your legal rights and options.
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What qualifies as “reasonable accommodation?”
The California Fair Employment and Housing Act (FEHA) requires all employers with at least five employees to offer reasonable accommodation for employees with physical or mental disabilities. Refusing reasonable accommodation is a form of disability discrimination and is punishable as an unlawful act.
Examples of reasonable disability accommodation include:
- Job reassignment or modification of job duties
- Offering paid or unpaid medical leave for disability-related care
- Altering work schedules to accommodate a disability
- Relocating the employee's office or work area
- Providing aids such as wheelchair ramps or other assistive mechanisms
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Can an employer ask me for details about my disability?
In most cases, no. While it is legal for an employer to request certification if you ask for an accommodation, they cannot request copies of your medical records or ask for details about your disability. The same is true if you are a job applicant. Questioning the extent, severity, or nature of your disability is discrimination, as is requiring you to submit to tests or exams not imposed upon other applicants.
Meet Our Team
Exclusively Employment Law. Exclusively for Employees.
Our Satisfied Clients
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“In a world of employment attorneys who do a disservice to their profession, Omid consistently bucks this trend and prosecutes only the cases he believes in and clients that he trusts.”- Industry P.
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“If you are in search of the best look no further. I couldn't be more please with my experience at the Law Office of Omid Nosrati.”- Wendy H.
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“They had excellent communication skills, had great attention to my case, responded quickly, attentive and kept me updated at all times during the long process.”- Former Client
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“Not only was he able to defend me from wrongful termination, his calm and empathetic demeanor offered emotional succor to myself and those I care about most.”- Former Client