Disability Discrimination California's GO-TO FIRM FOR ALL TYPES OF EMPLOYMENT LAW CASES

Disability Discrimination

Protecting the Rights of Disabled Employees

According to the U.S. Bureau of Labor Statistics, about 19.3% of individuals with disabilities are employed in the United States. Although this number is relatively low, it is still important for employers to provide reasonable accommodations for disabled employees and applicants. Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against workers and applicants who have a disability.

If you believe you have been a victim of disability discrimination, it is crucial to contact one of our attorneys. At M&A Law Offices, we are dedicated to fighting for the rights of disabled individuals who have been wronged by their employers. We have a comprehensive understanding of California and federal employment laws. We will work diligently to build a strong case and help you seek justice.

Call M&A Law Offices today at (888) 716-4314 or contact us online to schedule a consultation with a disability discrimination lawyer in Carlsbad.

What Is Disability Discrimination?

Disability discrimination occurs when an employer treats an applicant or employee unfavorably because they have a disability or a history of a disability. Additionally, an employer is prohibited from treating an applicant or employee unfavorably because they have a relationship or association with someone who has a disability.

The ADA applies to private employers with 15 or more employees, state and local governments, employment agencies, and labor organizations. These employers are required to provide reasonable accommodations to disabled applicants and employees who are qualified for the position.

Reasonable accommodations refer to modifications or adjustments that allow a disabled individual to perform the essential functions of their job. Employers are required to provide reasonable accommodations unless it would cause an undue hardship.

Reasonable accommodations include:

  • Modifying work schedules
  • Modifying equipment
  • Providing interpreters
  • Modifying training materials
  • Reassigning the employee to a vacant position

 

Why Choose M&A Law Offices?

  • 9-Step Case Process
    We have a tried and true, case-tested process to help get you the results and restitution you’re entitled to. Learn More
  • We Handle All Types of Employment Law

    M&A Law Offices has established itself as a go-to law firm in California for victims of all types of employment law cases.

  • Serving the Community for Over 20 Years
    Lawrence is a lifelong business professional working in the public and private sector.
  • Transparency of Service
    You will not pay us anything until we have secured a settlement or result from your employer. This means that we fight for you to get you the best result.

What Is Considered a Disability?

Under the ADA, an individual is considered to have a disability if they have a physical or mental impairment that substantially limits one or more major life activities. A major life activity includes breathing, eating, sleeping, walking, seeing, hearing, speaking, and concentrating.

An individual is also considered to have a disability if they have a record of an impairment or are regarded as having an impairment. The ADA also protects individuals who have a disability but do not need a reasonable accommodation.

What Is an Undue Hardship?

An employer is not required to provide a reasonable accommodation if it would cause an undue hardship. An undue hardship is a significant difficulty or expense for the employer.

Factors that are considered when determining if an accommodation would cause an undue hardship include the nature and cost of the accommodation and the size, financial resources, and structure of the employer's business.

What Are the Different Types of Disability Discrimination?

There are several different types of disability discrimination that can occur in the workplace.

Forms of disability discrimination include: 

  • Not hiring a qualified applicant because they have a disability
  • Firing or laying off an employee because they have a disability
  • Demoting an employee or reducing their hours because they have a disability
  • Refusing to provide a reasonable accommodation
  • Refusing to promote an employee because they have a disability
  • Harassing an employee because they have a disability
  • Asking a job applicant if they have a disability or about the nature of their disability
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