Modesto Disability Discrimination Lawyer

Modesto Disability Discrimination Attorney

Workplace discrimination because of a disability occurs when people are denied equality based on a physical or mental condition. When businesses deny opportunities based on a disability, harass or allow harassment based on a disability, or terminate an employee based on a disability, the business is acting in violation of the law. A Modesto disability discrimination lawyer can help fight for your workplace rights and ensure you receive dignity and fairness at work.

Employers can’t deny employment to job applicants or fire current employees based solely on the fact that they are disabled. People with disabilities are part of a federally protected class. Under the Americans with Disabilities Act (ADA), employers in California must reasonably accommodate job applicants and also employees with disabilities. State and federal laws provide legal consequences for employers failing to make reasonable accommodations.

Americans With Disabilities Act (ADA)

Legal protections exist for people with disabilities through the Americans with Disabilities Act (ADA). The Act prohibits workplace discrimination because of someone’s disability as an established, legally protected class under federal employment discrimination law. The ADA allows you to recover compensation from financial losses and potential mental distress from harassment or unfair termination during your employment.

The ADA mandates that people with disabilities receive the same basic dignity and treatment given to non-disabled people in the workplace and when applying for employment opportunities. Under the ADA, disability is defined as:

• Having physical and/or mental impairments creating one or more obstacles in someone’s daily life activities
• Having a record of physical and/or mental impairments impacting someone’s daily life activities
• Being perceived by others as someone having mental and/or physical impairments creating obstacles in daily life activities

People with a disability might experience difficulty with:

• Hearing
• Walking
• Seeing
• Communicating
• Thinking
• Concentrating
• Learning
• Taking independent care of oneself

Some employees or job applicants might require reasonable accommodations under the ADA and the ADA makes it a requirement for employers to provide these accommodations by law.

U.S. Equal Employment Opportunity Commission Protections for People With Disabilities

If you’re planning to file a case, you must first file a claim with the Equal Employment Opportunity Commission (EEOC) or a similar state agency.

Under the laws outlined by the EEOC, it’s illegal to discriminate against someone, either an applicant or an employee, because of their disability. It’s illegal for an employer to use a policy with a disproportionately negative effect on employees with a disability or class of individuals with a mental or physical disability if the policy is not job-related and necessary to the business operation.

Disability Discrimination Laws in California

The state of California protects people with disabilities from discrimination by an employer. Section 12940 of the California Government Code prohibits discrimination, including preventing employee termination when reasonable accommodations for the disability exist and could have been made. The employee will need to prove that the employer knew the employee had a disability in order to prove disability discrimination.

Protecting Your Rights

You can go to court if you’ve been the victim of disability discrimination. At Asbill Law Group, our legal team is dedicated to enforcing the employment rights of workers with disabilities. If you have been a victim of disability discrimination, contact our office right away.

FAQs

What Is an Example of Discrimination Toward Someone With a Disability?

Discrimination against someone with a disability is discrimination against someone who has a mental or physical impairment that severely limits a major life activity. Some examples of protected conditions include:

• Autism
• Bipolar disorder
• Blindness or deafness
• Diabetes
• Cancer
• Epilepsy
• HIV
• Intellectual disabilities
• Mobility impairments
• Multiple sclerosis
• Injuries that resulted in partial or missing limbs
• Obsessive-compulsive disorder (OCD)

This list is not all-inclusive, and there are other conditions to qualify someone for protection under the ADA.

How Does Someone Prove Disability Discrimination in Modesto, California?

To prove disability discrimination in California, you must prove:

• A disability with ADA protection and records to document the limited major life activity
• The accommodation need was communicated.
• Specific reasonable accommodations were needed to perform essential job duties and functions.
• An adverse employment action occurred, like failure to hire, termination, demotion, etc., as a result of the disability.

Having comparative evidence can help show that similarly situated workers without disabilities were treated more justly.

How Does Someone Win a California Disability Discrimination Case?

In California, you can win a disability discrimination case by proving:

• A demonstrable disability.
• You were treated unfavorably due to your disability when compared to other employees without a disability.
• This treatment included a denial of reasonable accommodations or other adverse employment actions.

You can support your claim with medical records, correspondence, a timeline of events, or performance reviews. Work with an attorney to mount a case.

Do I Need a Lawyer for My Disability Discrimination Case?

You may find a lawyer to be helpful if you’re facing disability discrimination at work. A lawyer can help:

• Negotiate with your employer
• Negotiate for reasonable accommodations, improved company treatment, and job protection.
• Advise you on how to communicate with your employer
• Gather evidence
• File a claim with the EEOC
• Assess the strengths and weaknesses of your case and develop a claim strategy

You may find a knowledgeable California discrimination lawyer invaluable for your situation.

What Qualifies as Wrongful Termination for a Disability in Modesto, California?

In Modesto, California, wrongful termination means any unlawful dismissal of an employee. An employer can terminate an employee at any time without cause, so long as the firing wasn’t for an illegal reason. If someone was fired because of an illegal reason, like because of a disability or other protected characteristic, the employee could recover damages for wrongful termination. An employment attorney can assess whether your circumstances qualify for a claim.

A Modesto, CA Attorney Can Discuss Your Disability Discrimination Claim

Our experienced legal team can help you if you are facing or have faced workplace disability discrimination. Our knowledgeable and zealous team can defend your rights. At the Asbill Law Group, we help employees who have experienced discrimination on the basis of a disability get the help they need. To get your life back on track, contact us right away.