Video on Disability Discrimination in the Workplace
There are many types of potential discrimination in the workplace that are strictly against the law. For example, the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) both protect individuals in the workplace from discrimination based on an actual or perceived disability. In LA, employers may not use an individual’s physical or mental disability as the sole basis for employment decisions such as:
- Hiring or throughout the application process
- Promotion reviews and considerations
- Determining benefits and pay scale
- Discipline proceedings
- Termination or discharge
If you believe an employer has discriminated against you based on a real or perceived disability, you should contact an experienced Los Angeles, California employment law attorney to discuss your case and a possible discrimination claim. On the other hand, if you are an employer facing disability discrimination charges, you should also contact the attorneys at HKM to protect you against false or frivolous claims. We focus solely on all aspects of employment law and are well-versed in all the relevant laws and recent cases regarding disability discrimination.
Potential Disability Discrimination Claims in Los Angeles
Applicable laws regarding disability discrimination go a step further than most other employment discrimination laws. The law requires that, in certain circumstances, employers must make accommodations to allow a qualified employee with a disability
to adequately perform his or her job. Specifically, California law requires two things:
- Employers must provide reasonable accommodations for applicants and employees whose disability prevents them from performing essential functions of their job.
- Employers must have interactive, timely, and good faith procedures for responding to a disabled applicant’s or employee’s request for reasonable accommodations.
Such reasonable accommodations can include ensuring work areas are wheelchair accessible or obtaining technology that allows a hearing impaired person to use the telephone.
However, employers are not required to make accommodations that are extremely costly or would otherwise cause undue hardship. Therefore, the specific circumstances of each case and the type of accommodation requested are both very important. Our firm knows how to apply disability discrimination laws to each particular case, whether you are a potential employee, an employee, or the employer who is being accused. We have extensive experience with discrimination claims and are here to help no matter what your discrimination case entails.