Pasadena Disability Discrimination Attorneys
Advocating for Victims of Disability Discrimination in California
Unfortunately, in modern work culture, productivity is king, and many employers see disabled employees or applicants as incapable of managing the workload. This is discrimination, and it is illegal under state and federal law.
If you have been discriminated against due to a disability past episode, you can pursue justice and the compensation you may deserve. Ableism in the workplace is illegal, and KP Law believes that victims of disability discrimination deserve compassionate legal counsel.
That is why our team works diligently to provide support and guidance throughout the claims process. We do not charge you for our services unless we win the case, so you can be sure that we will work hard on your behalf.
Call our Pasadena disability discrimination attorneys at (888) 493-3862. We also offer legal services in Spanish.
What Is a Disability Under the ADA?
The Americans with Disabilities Act (ADA)protects the rights of those with disabilities in the workplace. According to the ADA, discrimination occurs when an employer treats a prospective employee or worker unfairly because they have a history of disability or permanent impairment.
Not only are employers prohibited from discriminating against those with disabilities, but they are also required to provide adequate accommodation within reason. In other words, employers should have wheelchair ramps and accessible offices for employees with physical impairments.
The ADA also protects people from discrimination based on their relationship with a disabled person. If a parent has a child with epilepsy who needs frequent doctor’s visits, the employer cannot deny their application for work because they may need time off.
Disabilities cover a wide range of impairments that go beyond physical or developmental disabilities. To be considered a disability, a condition must meet the following criteria:
- It must substantially limit life activity like walking, talking, sight, hearing, learning, or operation of a primary bodily function (breathing, ambulation, etc.)
- The individual has a history of disability or frequent episodes of debilitating mental or physical impairment (depression or cancer remission)
- The impairment is not transitory and lasts for more than six months at a time
These conditions are vague and leave a lot up for interpretation, but several conditions are easily recognized as disabilities in a work setting:
- Severe depression
- Impairment as a result of an extended health condition like cancer
- Post Traumatic Stress Disorder (PTSD)
- Hard of hearing/deafness
The above list is just a few of the many disabilities that employers could discriminate against, and it’s important to recognize that many disabilities are on a sliding scale. In other words, there are people with manageable depression or access to medical devices that make their condition much less severe, like a hearing aid.
Disability Discrimination in California
Discrimination can happen at any stage of the hiring process and during the course of your employment. It is illegal to discriminate against applicants for disability or eliminate disabled persons from career advancement programs and promotions.
There must be adequate work conditions that allow non-disabled and impaired employees to work comfortably. The ADA and the California Fair Employment and Housing Act (FEHA) prohibit employers from refusing accommodation to impaired workers. Firing an employee or forcing them to quit after discovering a disability is also prohibited and could put the business under scrutiny.
How to Detect Discrimination
Discrimination is rarely upfront and explicit. In most cases, bias builds slowly over time until the employer creates a situation where termination is acceptable or forces the individual to quit.
You may be experiencing discrimination if:
- Poor performance reviews become more frequent
- Work hours and/or pay is reduced
- Participation in meetings or department gatherings is ignored
- The workload increases to an unreasonable degree
- Jokes or negative comments related to your disability are allowed
Most workplace discrimination cases happen over time because employers know that outward discrimination would make them vulnerable to lawsuits. That said, you notice sudden changes in your work environment, you may want to speak to an attorney about your options.
Protect Your Right to Work
If you have a disability under the ADA, you have every right to equal opportunity employment. You should not have to live in fear that you will never find a job or resign yourself to discrimination based on your disability.
KP Law knows that disabilities are often outside of your control. Our compassionate legal advocates take the time to hear your side of the story and investigate the situation to build a strong case on your behalf.
We are proud to serve clients in Pasadena and the surrounding areas experiencing disability discrimination at their workplaces. Our team firmly believes that everyone deserves the freedom to work without fear which is why our legal services are available 24/7, and we do not charge fees unless we win the case.
Choose a legal team you can depend on. Choose KP Law for your disability discrimination case and schedule your free consultationtoday.