Woodland Hills Disability Discrimination Attorney
Get Justice for Disability Discrimination with Our Legal Team
Under both state and federal laws, it is illegal for employers to discriminate against workers with disabilities. Unfortunately, countless employers still engage in actions and policies that mistreat their disabled workers every day. When this happens, adversely affected workers likely have the grounds to seek restitution from the employers that wronged them.
At the Law Office of Payab & Associates, we believe no worker with a disability should face discrimination. Our diligent proven employment law advocates have recovered millions in relief for workers. We are ready to bring assertive, effective counsel to your discrimination claim.
Our firm is ready to make your voice heard on this matter. Contact our office today to request a consultation with our team of attorneys for workplace disability rights.
Understanding Your Rights Under the ADA
The Americans with Disabilities Act (ADA) requires all employers to provide certain accommodations for disabled workers at their place of business. Failing to do so not only inhibits the disabled worker's ability to contribute but also causes unnecessary hardship for the worker.
Just some of the ADA requirements include:
- Providing handicap access in the bathroom and kitchen areas
- Providing accessible entries and exits to the workplace
- Providing safe floor and ground surfaces
- Providing adequate parking for any disabled workers
- Providing ramps, elevator access, and other needed property features
People with disabilities also have the right to equal opportunities for employment and advancement. The ADA and other laws prohibit employers from discriminating against disabled workers in other, more common ways. These include unlawful terminations, withholding raises and promotions, etc. Workers with a perceived disability are also protected.
Recognizing Disability Discrimination at Work
Disability discrimination in the workplace not only violates an individual's rights but also deeply affects their professional and personal life. Workers who face discrimination due to their disabilities often experience a decline in job performance due to the hostile environment, which can lead to their unjust termination. The lack of provided accommodations also hampers their ability to contribute effectively to their workplace, ultimately affecting their career advancement and earning potential. Furthermore, this discrimination can take a toll on the worker's mental health, leading to increased stress, anxiety, and a decrease in self-esteem.
Instances of Disability Discrimination can include, but are not limited to:
- Failing to Make Reasonable Accommodations: Employers not making or outright refusing to make necessary adjustments or facilities accessible for disabled employees.
- Harassment: Subjecting disabled employees to jokes, derogatory comments, or any form of belittlement based on their disability.
- Exclusion from Company Activities: Deliberately excluding disabled employees from company events, meetings, or other activities because of their disability.
- Retaliation: Punishing employees for claiming discrimination or requesting accommodations by demoting, reducing hours, or termination.
- Refusal to Hire: Not hiring a qualified candidate purely based on their disability, despite being capable of performing the job with reasonable accommodations.
- Denial of Promotion or Advancement Opportunities: Overlooking a disabled employee for a promotion or advancement opportunity due to bias or stereotypes about their disability.
- Faulty Leave Policies: Implementing leave policies that do not adequately consider the medical needs of disabled employees or penalizing them for taking necessary leave.
- Improper Training or Resource Provision: Not providing the necessary training or resources that a disabled employee needs to perform their job effectively.
Legal Steps to Challenge Disability Discrimination
Before filing a lawsuit for disability discrimination, you must first be able to prove you have a disability. Under the ADA, a disability is any impairment that substantially limits one or more major life activities. This includes both physical and mental impairments.
Before going to court, you would first file your charge with the Equal Employment Opportunity Commission (EEOC). The EEOC will review the claim and attempt to provide a remedy. You will then receive a Right to Sue letter, allowing you to take your employer to court.
If you have a disability and believe you have been mistreated in the workplace, we are ready to hear from you. Our disability attorneys can provide you the protection and advocacy you need.
Our Woodland Hills Attorneys Championing Disability Rights
A Disability Discrimination lawyer navigates the complex landscape of laws that protect individuals with disabilities from unfair treatment in the workplace. Their expertise lies in understanding the nuances of the Americans with Disabilities Act (ADA), as well as state laws that safeguard the rights of employees with disabilities. These attorneys play a critical role in advocating for clients who have been discriminated against due to their disability, ensuring that their rights are upheld and that they receive adequate accommodations and fair treatment at their place of employment.
Services provided by Disability Discrimination attorneys include:
- Conducting thorough case evaluations: To determine if discrimination has occurred and assess the strength of the case.
- Filing complaints with relevant government agencies: Such as the Equal Employment Opportunity Commission (EEOC) or corresponding state agencies, to officially report and document instances of discrimination.
- Negotiating with employers: To reach settlements that provide for fair compensation, reinstatement, or other remedies for the affected employee.
- Providing legal representation in court: If settlement negotiations fail, our attorneys can represent clients in court.
- Advising on reasonable accommodations: Consulting on what constitutes reasonable accommodations under the ADA, and ensuring employers provide these to employees with the support they need.
- Protecting against retaliation: Ensuring that employees who file discrimination claims are protected against any form of retaliation by their employers.
Suggested Reading:
- How Can I Prove I Was Turned down Due to Employer Discrimination?
- Discrimination Claims for Wrongful Termination
We're ready to help you seek the recognition and compensation you deserve. Call our office at (818) 918-5522 today to speak with our Woodland Hills disability discrimination attorney.
Commonly Asked Questions
What should I do if I believe I am a victim of disability discrimination?
If you suspect that you are facing disability discrimination at work, the first step is to document any incidents that demonstrate unfair treatment. This includes keeping records of conversations, emails, and any relevant policies that may have been violated. Next, consider discussing your concerns with your employer or HR department, as they may be unaware of the issue. If the situation does not improve, it is advisable to consult with a legal professional who can guide you through the process of filing a complaint with the Equal Employment Opportunity Commission (EEOC) or pursuing legal action.
How can I prove that I have been discriminated against due to my disability?
Proving disability discrimination involves demonstrating that you have a disability as defined by the Americans with Disabilities Act (ADA) and that you have faced adverse actions in the workplace due to that disability. This can include showing that your employer failed to provide reasonable accommodations, subjected you to harassment, or denied you promotions or opportunities based on your disability. Collecting evidence such as witness statements, emails, and performance reviews can strengthen your case.
What are the potential outcomes of filing a disability discrimination claim?
Filing a disability discrimination claim can lead to various outcomes depending on the specifics of your case. If your claim is successful, you may receive compensation for lost wages, emotional distress, and any medical expenses incurred due to the discrimination. Additionally, the employer may be required to implement changes to their policies or practices to prevent future discrimination. In some cases, reinstatement to your position or promotion may also be possible.
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Why Choose The Law Office of Payab & Associates?
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No fees or costs unless we recover money for you
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Tens of Millions of dollars recovered for our clients
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Over 26 years of legal experience
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Providing Service in Spanish