Understanding Disability-Based Employment Discrimination

Disability-based discrimination occurs when an employer treats an employee unfairly or differently due to their disability. In Ventura, as well as throughout California, the law protects both physical and mental disabilities, ensuring that workers with disabilities can participate fully in the workplace. Under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), employers are required to provide reasonable accommodations to qualified employees with disabilities. These accommodations allow individuals to perform the essential duties of their job, promoting inclusion and fairness in the workplace.

Despite these protections, some employers continue to violate these rights by failing to provide reasonable accommodations, engaging in harassment, or discriminating in hiring, firing, or promotion decisions. If you believe you are being discriminated against because of your disability, it’s essential to know that you have legal recourse.

Common Forms of Disability Discrimination in the Workplace

Disability-based employment discrimination can manifest in many ways. Some of the most common forms of discrimination include:

  • Failure to Provide Reasonable Accommodations: If you have a disability and need modifications to your work environment or duties to perform your job, your employer is required to provide reasonable accommodations, unless doing so would create an undue hardship for the business. Denying these accommodations is a form of discrimination.
  • Harassment Based on Disability: Workplace harassment occurs when employees are subjected to offensive, discriminatory comments, jokes, or behavior because of their disability. This behavior can create a hostile work environment and impact your well-being and job performance.
  • Discriminatory Hiring or Firing Practices: An employer may engage in discriminatory practices by not hiring a qualified candidate due to their disability or firing an employee because of their disability, even if the employee is able to perform the essential duties of the job with reasonable accommodations.
  • Wrongful Termination: If you are terminated because of your disability or need for accommodations, that may constitute wrongful termination under both the ADA and FEHA. Employers cannot terminate you for asserting your rights to reasonable accommodations.
Banner media

Request a Free Consultation

Contact Us
Contact us media

Legal Protections for Disabled Workers in Ventura, CA

Employees in Ventura, CA, are protected under both federal and state laws when it comes to disability-based discrimination. These protections ensure that:

  • You Have Equal Employment Opportunities: As a disabled employee, you are entitled to the same job opportunities as non-disabled employees. Your disability should never be a factor in decisions regarding hiring, promotions, pay, or benefits.
  • You Are Entitled to Reasonable Accommodations: Your employer must make reasonable adjustments to help you perform your job, whether that means modifying your schedule, providing assistive technology, or altering your workspace.
  • You Are Protected from Harassment: Any form of harassment due to your disability, including offensive remarks, jokes, or unfair treatment, is illegal and should be reported to your employer or pursued with legal action if not addressed.
  • You Have Protection Against Retaliation: If you assert your rights to accommodations or report discrimination, your employer is prohibited from retaliating against you in any form, such as through demotion, reduction in hours, or termination.

Taking Action Against Disability Discrimination

If you believe you have been the victim of disability-based employment discrimination in Ventura, taking action is critical. You should document all incidents of discrimination, including interactions, emails, and any evidence of unfair treatment. It’s also important to file a formal complaint with your employer and consult with an experienced attorney who can help you navigate the legal process.

At Bamieh & De Smeth, we are here to help you hold your employer accountable. Our skilled attorneys have extensive experience handling disability discrimination cases in Ventura and are passionate about fighting for the rights of disabled workers. Whether through negotiation, mediation, or litigation, we will work tirelessly to ensure you receive the justice and compensation you deserve.

Contact Bamieh & De Smeth for Legal Assistance

If you are facing disability-based discrimination in Ventura, CA, don’t hesitate to contact Bamieh & De Smeth for a free consultation. Our compassionate and knowledgeable attorneys are here to listen to your story, evaluate your case, and guide you through the legal process. We are committed to protecting your rights and securing the best possible outcome for you. Call us today to schedule your consultation and take the first step toward justice.

palm trees by a road on the side of the beach
pattern background
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (805) 643-5555.
Contact Us