Disability-Based Employment Discrimination Lawyer in Santa Barbara, CA

Name: Bamieh & De Smeth PLC
Telephone: (805)643-5555
Price range: Free Consultation
Rating: 4.6

Employees with disabilities in Santa Barbara deserve to work in an environment where their rights are respected and upheld. Unfortunately, discrimination against disabled individuals in the workplace remains a significant issue, even with laws in place to protect them. If you are experiencing discrimination because of a disability, whether it involves denial of reasonable accommodations, harassment, or wrongful termination, Bamieh & De Smeth is here to advocate for your rights. We proudly serve employees in Santa Barbara, helping them seek justice and fair treatment under both state and federal law. If you have been subjected to discrimination based on your disability, it’s important to understand that you are not alone. Our team of experienced attorneys is ready to assist you in pursuing the legal recourse necessary to stop the discrimination and protect your right to fair treatment in the workplace.

Understanding Disability Discrimination in Santa Barbara Workplaces

Disability-based discrimination can happen in various forms within the workplace, and it can have a profound impact on your professional and personal life. Under both the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), employers in Santa Barbara are prohibited from discriminating against qualified employees or job applicants based on their disabilities. These protections extend to all aspects of employment, including hiring, training, promotions, and termination, as well as the requirement for employers to provide reasonable accommodations. Unfortunately, despite these laws, disability discrimination continues to occur in many workplaces. Whether an employer refuses to accommodate an employee’s disability or subjects them to harassment or unequal treatment, workers in Santa Barbara have the right to seek legal remedies to hold employers accountable for their actions.

Types of Disability Discrimination You May Encounter

Disability discrimination can manifest in different ways. Some of the most common forms of disability discrimination that employees in Santa Barbara experience include:

Failure to Provide Reasonable Accommodations

Under the ADA and FEHA, employers are required to provide reasonable accommodations to employees with disabilities. These accommodations can include changes to the work environment, modified schedules, or providing assistive technologies. If an employer fails to provide reasonable accommodations, it may constitute discrimination.

Harassment Based on Disability

Disability harassment occurs when an employee is subjected to offensive comments, jokes, or behavior due to their disability. Harassment can create a hostile work environment and significantly impact an employee’s ability to perform their job effectively. This can be perpetrated by supervisors, coworkers, or even clients.

Discriminatory Employment Practices

If you have a disability, you are entitled to the same employment opportunities as any other qualified individual. However, many employees in Santa Barbara find themselves denied job opportunities, promotions, or training because of their disability. Employers are prohibited from making hiring or firing decisions based on a disability that does not prevent the employee from performing the essential duties of the job.

Wrongful Termination Due to Disability

If an employee is terminated or treated unfairly due to their disability, this is considered wrongful termination. Employers cannot legally fire employees for requiring reasonable accommodations or for having a disability that does not interfere with their ability to do their job.

Legal Protections Against Disability Discrimination

In Santa Barbara, employees are protected from disability-based discrimination by a combination of federal and state laws:

Americans with Disabilities Act (ADA): This federal law prohibits discrimination against individuals with disabilities in all areas of public life, including employment. The ADA requires employers to provide reasonable accommodations and prohibits discrimination in hiring, firing, promotions, and compensation.
California Fair Employment and Housing Act (FEHA): In addition to the ADA, FEHA offers broader protections for employees in California. This state law provides additional safeguards and ensures that employees with disabilities are provided with accommodations and are not discriminated against in the workplace.

Both laws prohibit retaliation, meaning your employer cannot punish you for asserting your rights or requesting reasonable accommodations. If you feel your employer has retaliated against you for standing up for your rights, you may have grounds for a separate claim.

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Steps to Take If You Experience Disability Discrimination

If you believe you are being discriminated against because of a disability in your Santa Barbara workplace, here are some important steps to take:

Document the Discrimination: Keep detailed records of incidents that may constitute discrimination, including emails, notes, and any communications you have with your employer. This documentation will be important in building your case.
Report the Discrimination: If you feel comfortable doing so, report the discriminatory actions to your human resources department or management. Employers are required to investigate and address discrimination complaints in a timely manner.
Consult with an Experienced Employment Attorney: If your employer fails to take appropriate action, it’s crucial to seek the help of an experienced attorney. At Bamieh & De Smeth, we specialize in disability-based employment discrimination cases and can help you understand your rights and options moving forward.
File a Formal Complaint: In many cases, filing a formal complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH) may be necessary. Our attorneys can help you navigate this process and ensure that your complaint is filed in a timely manner.

Get Help from Bamieh & De Smeth Today

If you are experiencing disability-based employment discrimination in Santa Barbara, don’t wait. You have legal rights, and Bamieh & De Smeth is here to help you enforce them. Our team of experienced attorneys is dedicated to providing compassionate, aggressive legal representation to employees who have been subjected to unfair treatment in the workplace. We will fight to ensure your rights are upheld and that you receive the accommodations and protections to which you are entitled.

Contact us today to schedule a free consultation. We’ll discuss your case, assess your legal options, and guide you every step of the way as we work toward securing a resolution that protects your rights and holds the responsible parties accountable.