Orange County Disability Discrimination Lawyer

Failure to Provide Reasonable Accommodations

A reasonable accommodation enables employees with disabilities to perform their job functions. For example, an employer is required to accommodate an employee who needs a modified schedule or the use of a device to perform their job. If an employer refuses to accommodate or participate in the interactive process, this may be a violation of the ADA and California’s FEHA.

Refusing accommodations or reasonable adjustments will often cause or allow a disabled worker to underperform. Therefore, refusing accommodations can also be a sign of not treating disabled employees as equal members of the workforce. Employee claims for discrimination arise when employers act in bad faith by failing to provide reasonable accommodations.

Discriminatory Hiring and Promotion Practices

Disability discrimination is also present when individuals with disabilities are denied hiring, promotion, and training opportunities. Employers may deny a job applicant with a disability if they disqualify the applicant solely because of the disability when it does not affect their ability to do the job.

Employers sometimes deny training opportunities and advancement to disabled employees based on unfounded assumptions about their capabilities. These are also violations of federal and state law when the employee is otherwise qualified for the position. Awareness of these discriminatory practices, such as repeated and unwarranted denial of opportunities, is important when pursuing these issues with employers.

Wrongful Termination Based on Disability

When filing a disability discrimination claim in Orange County, an employee or job applicant has the option to file with the California Civil Rights Department (CRD), formerly known as DFEH. The CRD is the state agency responsible for enforcing FEHA throughout the state. The CRD handles thousands of employment discrimination claims each year, and disability discrimination is one of the most frequently alleged bases for claims.

Orange County residents can work with one of the CRD’s local offices to investigate their claims and, in many cases, mediate the dispute prior to litigation. For Orange County employees, the CRD’s regional enforcement agencies are often an important avenue to resolving claims. They also provide employees with a formal, administrative means of seeking justice. If the employer refuses to follow the law, you and your attorney can file a claim against them in the Orange County Superior Court.

FAQs

What Are Examples of Disability Discrimination at Work?

Forms of disability discrimination include:

• Failure to accommodate
• Termination upon disclosure of a condition
• Refusal to allow necessary leave
• Denial of a promotion due to stereotypes
• More subtle treatment, such as excluding an employee from training or meetings

Both the ADA and California’s FEHA prohibit these actions. An employee’s skill and performance of essential functions should not be presumed from any known medical conditions.

How Do I Request a Reasonable Accommodation?

If you need a reasonable accommodation, request it in writing from your employer. Provide information about the job tasks you have difficulty with and describe the types of changes that would help you. The employer must discuss with you what accommodations would work. It is advisable for you to keep a copy of your request and the employer’s response. A denial without exploring alternatives may be unlawful discrimination in violation of California and federal disability discrimination laws.

How Common Are Disability Discrimination Claims?

Disability discrimination is one of the most common workplace problems. According to the EEOC, 73,485 new charges of discrimination were filed in FY 2022. The charges were for multiple types of discrimination, many of which included disability. These statistics represent how commonly employees are still being subjected to unlawful treatment in the workplace, along with the importance of being aware of your rights and filing a claim if a violation occurs.

Can I Be Fired Because of My Disability?

An employer cannot legally fire you just because of a disability if you can perform your essential job functions with or without an accommodation. Wrongful termination can arise when an employer who is actually motivated by disability discrimination gives a false reason for the firing (such as “performance issues” or “restructuring”). If your firing comes suspiciously soon after you disclosed a disability or requested an accommodation, this may also be evidence of discrimination and a possible legal claim.

Contact an Orange County Disability Discrimination Lawyer

Workplace disability discrimination robs employees of opportunity and simple justice. Workers have a right to request accommodations and be treated equitably, but companies in Orange County break that rule every day.

When you hire an Orange County disability discrimination attorney with Nosrati Law, A Professional Law Corporation, you can have the right advocate by your side. They can fight to uphold your rights under the ADA and FEHA. We can help employees who have been unfairly denied a job, blocked from other opportunities, or otherwise mistreated by an employer.

If you have been a victim of discrimination, don’t wait. Contact us todayto schedule your consultation about your case.