Disability-Based Employment Discrimination in California

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In California, individuals with disabilities are protected by state and federal laws designed to ensure equal opportunities in the workplace. Despite these protections, many employees still face discrimination because of their disabilities. This unjust treatment can take many forms, from refusal to make reasonable accommodations to outright harassment, and it can severely impact a person’s career, livelihood, and well-being. At Bamieh & De Smeth, we are committed to standing up for the rights of disabled individuals in the workplace, providing comprehensive legal representation to ensure justice is served.

Defining Disability-Based Employment Discrimination

Disability-based employment discrimination occurs when an employer treats an employee or job applicant unfairly due to their disability.

Both physical and mental impairments qualify as disabilities, and discrimination can arise in many aspects of employment, including hiring, firing, promotions, pay, job assignments, training, benefits, and other terms of employment.

Under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), employers are required to provide reasonable accommodations to disabled employees, as long as it does not create undue hardship for the business. This can include adjustments such as modified work schedules, special equipment, or changes in job responsibilities. Unfortunately, some employers refuse to comply with these laws, placing unfair limitations on employees or applicants with disabilities.

Recognizing Forms of Disability Discrimination

Disability-based discrimination can take many forms, and it’s important to recognize when your rights are being violated. Common examples include:

Failure to Provide Reasonable Accommodations

Employers are required by law to provide reasonable accommodations that allow employees to perform their job duties. This could include providing accessible workstations, adjusting work schedules, or allowing additional breaks. Denying such accommodations without proper justification constitutes discrimination.

Harassment Due to Disability

Any unwanted behavior directed at an employee because of their disability can qualify as harassment. This could range from offensive jokes or comments to creating a hostile work environment where the employee feels marginalized or demeaned because of their condition.

Discriminatory Hiring Practices

If an employer refuses to hire or promote a qualified candidate because of their disability, this is a direct violation of both federal and state laws. An individual’s disability should never be a factor in determining their employment suitability, provided they can perform the essential functions of the job with or without accommodations.

Wrongful Termination

Terminating an employee because of their disability or because they require accommodations is illegal. Employers may attempt to disguise discriminatory terminations as performance-based or due to business needs, but if the true reason is related to the employee’s disability, it can be challenged in court.

Your Rights as a Disabled Employee in California

Both the ADA and FEHA provide robust protections for disabled individuals in the workforce. Under these laws, you have the right to:

Equal Opportunity: Disabled individuals must be given the same opportunities as others in all aspects of employment, from hiring and promotions to compensation and training.
Reasonable Accommodations: If you are qualified for a job but require accommodations to perform certain duties, your employer must work with you to provide the necessary support, as long as it does not impose an undue hardship on their business.
Protection from Harassment: Any form of harassment related to your disability is illegal. Employers are obligated to prevent and address harassment in the workplace and ensure a safe, respectful environment for all employees.
Retaliation Protection: If you assert your rights by requesting accommodations or reporting discrimination, your employer cannot retaliate against you through demotion, termination, or other negative employment actions.

Seeking Justice for Disability Discrimination

If you believe you’ve been subjected to disability-based employment discrimination, it’s important to take action to protect your rights. Document any incidents of discrimination or harassment, including emails, conversations, and behavior that demonstrate unfair treatment. Speak with human resources or a supervisor to formally report the discrimination, and if the situation is not addressed, consider consulting with an attorney who specializes in employment law.

At Bamieh & De Smeth, we understand the challenges disabled employees face when their rights are violated. Our legal team is here to provide expert guidance, ensuring that you are treated fairly under the law. Whether through negotiation or litigation, we are committed to holding employers accountable and securing the justice and compensation you deserve.

Contact Bamieh & De Smeth Today

Disability-based discrimination should never be tolerated in the workplace. If you have experienced unfair treatment due to your disability, you have legal options. At Bamieh & De Smeth, we are dedicated to protecting the rights of disabled workers across California. Contact us today for a free consultation to discuss your case and learn how we can help you fight back against discrimination. Together, we can ensure that your voice is heard and your rights are upheld.