Does the Law Say it is Illegal for Employers not to Hire, or Terminate the Employment of a Disabled Person?
Absolutely, disabled people shall not be discriminated against in any way, shape or form. But it goes further than you may believe.
Employers are also liable if they fail to promote you as a disabled individual. But you, the individual, must still be able to perform their job of course.
Also, it is illegal to mistreat or harm people because of a mental or physical handicap.
The employer gets required to make reasonable accommodations for the employee with disabilities. California employers must provide “reasonable accommodations” for employees with disabilities or illness. Disability discrimination may occur if companies make only partial accommodations.
Usually, they do this and then fire the employee. The person with a disability or illness can inform the supervisor for human resources. So if they require a unique accommodation, that is the first step.
When you, as an employee, get denied a promotion or get fired due to disability, you can sue.
Suing means you can seek compensation for lost salary and benefits.
Compensation also means you can seek emotional pain and suffering losses.
Last, in some cases punitive damages may apply.
How Can Anti-Discrimination Laws Help Your Case?
There are laws in place to protect the rights of individuals with disabilities residing in, or employed in California. These are the federal American with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA).
So they protect the person with disabilities so that handicapped people can have a livelihood.
State FEHA requires employers to make reasonable accommodations for you as a disabled person.
These laws also protect employees with severe medical conditions. So that way, they can perform the essential functions entailed with the job.
Ehline Law Firm represents employees who were victims of disability discrimination.
These are people who made claims against employers that broke labor laws.
Our attorneys have the supreme dedication to protecting the rights of discrimination victims.
So when federal and California laws get violated, we help sue. We recover victims the damages they deserve.
Employer’s Duty Not to Discriminate Explained.
As discussed, federal and state statutes protect employees. Furthermore, the company has a duty to adhere to these laws. So their mission includes making a “reasonable accommodation.”
Hence, employees with disabilities get protected under the law. And this is including the American Disabilities Act. In effect, the employer in fulfilling their duty must discuss employee needs.
That way, they may enable the worker to perform the essential functions of their job.
In some cases, this may be as simple as a handicapped access or architectural changes.
Employers failing to make these changes could be guilty of discrimination.
Also, accommodations enable employees with disabilities to perform their job-related duties. So this gives disabled employees the same opportunities and benefits as other employees.
These accommodations include:
Workplace facilities disabled employees can access.
Part-time or modified work schedules if necessary.
Modified equipment or devices to accommodate disabled employees.
Reassignment or transfer of the handicapped employee when qualified for a vacant position.
What Are the Employer Limits in Making a Reasonable Accommodation?
The employer must adhere to state and federal laws at all times. These laws say they must provide reasonable accommodations for disabled employees.
But there is a limit to their duties under the law.
Your employer is not required to make accommodations imposing an “undue hardship.” So if it hurts the operation of the business or the organization it won't fly.
But in some situations, it is up to the employee to prove the accommodation needs.
Also, it must be necessary.
And the cost must benefit the employer’s business.
What are Some Other Areas of Employment Law ELFPI Helps You With?
What is the Effect on the Employee's Failure to Comply with Discrimination Laws?
The employer "failing to comply" with discrimination laws involving the disabled employee may include:
Failing to hire an applicant who is capable of doing the job functions. But because they are disabled they are glossed over.
Failure to accommodate the particular needs of the employee.
Failure to grant an employee leave under the Family and Medical Leave Act (FMLA).
Termination of a disabled individual for requesting reasonable accommodations.
How Do You Prove a Disability Discrimination Claim?
A qualified prospect files a disability discrimination claim when not hired due to disability. Hence the employer would be liable. But the employer had to terminate the person or not make reasonable accommodations.
There are several main areas to prove this claim:
The plaintiff must prove they have a disability.
Plaintiffs must be qualified to perform the functions of the job. So this is true whether they require reasonable accommodations or not.
These plaintiffs must have become discriminated against unlawfully. Also, it needs to be because of their disability. And it cannot be for reasons any other employee would have gotten terminated over.
How Do You Recover the Monetary Damages You Deserve?
When an employee like you gets discriminated against, you deserve justice. Damages get paid by the employer who failed to protect the workers' rights. Ehline Law Firm can assist employees like you suffering disability discrimination. We do this is LA and across California.
Contact an Employment Discrimination Attorney Now.
Our lawyers will evaluate your claim. Then we will determine the best course of action to take. So our goal is protecting your rights. So that way we can recover the compensatory damages you deserve. Give us a call at (213) 596-9642.