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Disability Discrimination at Work: What California Employees Should Know

disability-discrimination-california-workplace.png

If you are a disabled Californian and feel you have been subjected to disability discrimination in the workplace, it is important to know that California employment law offers protection for a wide variety of medical conditions and disabilities of both employees and job applicants. In addition to protecting you against other types of workplace discrimination, California and Federal laws prohibit employers from subjecting you to unequal treatment based on your actual or perceived disability. But how do you know if your employer is discriminating against you because of your disability?

The information in this article will supply you with important facts you should to know about disability discrimination laws in California, common signs your employer may be discriminating against you, and how to file a workplace discrimination complaint.

disability-discrimination-california-workplace.png
If you are a disabled Californian and feel you have been subjected to disability discrimination in the workplace, it is important to know that California employment law offers protection for a wide variety of medical conditions and disabilities of both employees and job applicants. In addition to protecting you against other types of workplace discrimination, California and Federal laws prohibit employers from subjecting you to unequal treatment based on your actual or perceived disability. But how do you know if your employer is discriminating against you because of your disability?

The information in this article will supply you with important facts you should to know about disability discrimination laws in California, common signs your employer may be discriminating against you, and how to file a workplace discrimination complaint.

What is Disability Discrimination?

Disability discrimination can take on many forms and occurs when an applicant or employee is treated unfavorably by an employer because of his or her actual or perceived disability, or because he or she has a history of a disability (for example: cancer that is controlled or in remission).Both California and Federal laws also protect employees from discrimination based on their need to care for people who have disabilities (example: employee's wife has a physical impairment). In addition to that, it is unlawful for an employer to fail to provide a reasonable accommodation to an employee or applicant who has a disability or medical condition unless doing so would cause undue hardship for the employer.

Definition of Disability in California

Under California law, a disability includes any medical condition that impairs a major life activity, including the ability for an employee to work. A disability can take on a variety of forms including but not limited to physical impairments and psychiatric conditions.

It's important to know that not all individuals with medical conditions are protected by the law. In order for someone with a disability to be protected, the individual must first be qualified for the job in question, and have a disability as defined by the law.

Signs of Disability Discrimination in the Workplace

Even though both California and Federal laws are in place to protect you from unfair employer behaviors, disability discrimination can still occur. If your employer is treating you less favorably than your co-workers or subjecting you to adverse employment actions (for example: write-ups, reduced hours, or denying a raise or promotion) because of your disability, it is unlawful, and you may want to seek assistance from an experienced employment lawyer as soon as possible.

Common signs of disability discrimination at work:

  • An employer refused to hire you because of your disability
  • You have been verbally abused by your employer because of your disability
  • You have been publicly shamed by your employer because of your disability
  • You have been cyber-bullied by your employer, coworkers or supervisor because of your disability
  • You have been threatened or harassed at work because of your disability
  • You were turned down for a promotion because of your disability
  • You have been denied ongoing training because of your disability
  • You have been demoted because of your disability
  • You have been left out of meetings because of your disability
  • Your employer has failed to provide reasonable accommodations to the workplace

• You have been terminated because of your disability

How to File a Disability Discrimination Complaint in California

Before filing a workplace discrimination complaint, you should always speak with an experienced California employment attorney, as he or she can ensure the filing process is handled properly from the start.Due to strict time limits on when you can file discrimination complaints, your attorney will need to act quickly. Help your attorney meet these time limitations by documenting the discrimination (emails, memos, employees involved, witnesses, etc.) and following your employer's internal policies for making a disability discrimination complaint. Your attorney can then file a complaint with the proper governmental agency: the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).

No one should be discriminated against because of a disability. If you are a victim of disability discrimination, call us for a free consultation and let the experienced California employment lawyers at Hennig Ruiz fight for your employee rights today.

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