Disability Discrimination Attorney in Fontana

Understanding Disability Discrimination in Fontana

Fontana, like many cities in California, operates under strict laws to protect employees from disability discrimination. The California Fair Employment & Housing Act (FEHA) works alongside the Americans with Disabilities Act (ADA) to ensure that individuals with disabilities receive fair treatment in the workplace. This robust legal framework upholds the rights of disabled individuals, ensuring they are not subjected to bias due to their condition.

Fighting for Those Who Have Experienced Discrimination Based on Their Disability

Federal & state laws require employers to make “reasonable accommodation” for an employee with a medically documented disability. However, many employers don’t understand what constitutes a reasonable accommodation nor how to properly make the determination. Employment decisions also can’t be based on the level of disability.

You might have grounds for a lawsuit if your employer has violated the disability law. Contact Valiant Law to learn more from our disability discrimination lawyer in California.

Disability Laws Protecting Employees in Fontana

Most business owners are familiar with the Americans with Disabilities Act (ADA). Since the 1990s, the ADA has required covered employers to make reasonable accommodations for disabled employees and prohibited businesses from treating a job applicant less favorably because of his or her disability status. This prohibition extends even to perceived disabilities. For example, an employer cannot refuse to hire an applicant because it incorrectly believes he or she suffers from an impairment.

Strong local regulations, such as those enforced within California, back up these federal mandates by providing additional protections under state law. The California Fair Employment and Housing Act (FEHA) enhances protection against discrimination, ensuring that employers adhere to fair practices across the board. Employers failing to comply can face serious repercussions, highlighting the importance of understanding and implementing these regulations correctly.

Disabilities protected under the law include the following:

• Vision, hearing, or speech impairments
• Loss of limb(s) or mobility impairments
• HIV/AIDS, diabetes, & other chronic diseases
• Clinical depression
• Bipolar disorder
• Post-traumatic stress disorder
• Traumatic brain injury

To qualify for disability protection at work, an individual must be able to perform the essential functions of the job with or without reasonable accommodation. They must satisfy the stipulated job requirements, such as educational background, work experience, certifications, & other job-related qualifications.

Both the ADA & the California Fair Employment and Housing Act (FEHA) place the burden squarely on the employer to adopt policies and practices that ensure disabled individuals enjoy all of the same benefits of employment as everyone else. For example, employers generally cannot ask about a disability (or its severity) during the hiring process, nor can employers require a medical examination as a precondition of employment unless that is the standard procedure for all applicants.

Disabled Californians are discriminated against in the following ways:

• Employers consider their disability in making hiring, firing, or promotion decisions.
• The disabled employee is paid less or receives fewer benefits than non-disabled employees.
• Employers deny a disabled employee desirable job assignments and responsibilities.
• The disabled employee is laid off.
• Reasonable accommodations are not provided for the disability.

Employees who are temporarily disabled are equally protected under the law. Our firm recognizes the challenges faced by individuals with temporary disabilities and is dedicated to advocating for their rights as vigorously as we do for those with permanent disabilities.

We want to help you be treated equitably at work. At Valiant Law, we fight discrimination at every level in the workplace. It is crucial for both employees and employers to be well-informed about the rights afforded to workers with disabilities, fostering a fair and supportive environment for all.

Reasonable Accommodation for Disabled Employees

Employers must provide an employee or applicant with any “reasonable accommodation” necessary for that individual to perform his or her job. This is where many employers run afoul of disability discrimination laws.

There is no one-size-fits-all approach to reasonable accommodation. The law requires employers to engage in a “timely, good faith interactive process” with the employee. This process should be used to clarify the employee’s “essential” job functions & determine what accommodations are possible.

Understanding reasonable accommodation includes recognizing that such adjustments may involve physical alterations to the workplace, providing assistive technologies, or modifying job duties to fit the capabilities of the individual. Employers must be proactive in communicating with employees to understand their unique needs. Failure to do so not only impacts employee morale but could lead to significant legal liabilities.

Compensation for Disability Discrimination

Filing a successful claim against your employer does more than end the discriminating behavior. 

Our disability discrimination attorneys at Valiant Law work to get all appropriate compensation:

• Hiring
• Reinstatement
• Promotion
• Reasonable accommodations
• Back pay
• Future lost earnings
• Out-of-pocket expenses
• Damages for emotional distress
• Punitive damages

Your employer is barred from retaliating against any legal action you take to defend your ADA & FEHA rights. Retaliation includes any adverse action that could dissuade a worker from making or supporting a charge of discrimination. Our firm stands ready to safeguard your rights throughout the entire legal process, ensuring your case is handled with the attention it deserves.

Beyond immediate compensation, pursuing a claim can sometimes result in broader workplace changes, such as improved accessibility for all employees, stronger anti-discrimination policies, and ongoing sensitivity training. These changes can create a more equitable workplace for future employees and foster a more inclusive environment.

Frequently Asked Questions

What Is Considered Disability Discrimination?

Disability discrimination occurs when an employer or institution treats an employee or job applicant unfavorably because of a disability or perceived disability. This can include denying reasonable accommodations, making employment decisions based on disability, or harassment that creates a hostile work environment. The ADA and FEHA provide legal frameworks to protect individuals with disabilities, demanding fair treatment and equal employment opportunities. If you believe you've been discriminated against, consulting with a knowledgeable attorney can help you explore your options.

How Do I Prove Disability Discrimination?

Proving disability discrimination requires substantial evidence such as medical documentation, employment records, and witness statements that clearly establish a link between the adverse action and your disability. Documenting any discriminatory remarks or actions and preserving communications can support your case. Legal professionals at Valiant Law are skilled in navigating these complexities and can assist in building a compelling case that underscores your rights and experiences.

What If My Employer Denies My Accommodation Request?

If your employer denies your accommodation request, it’s essential to follow up with a formal written query to document the request and their response. Seek clarification on the reasons for denial. A refusal to engage in a meaningful discussion or an inappropriate justification may point to non-compliance with discrimination laws. Legal guidance can assist in determining the validity of the denial and what steps can be taken to enforce your rights.

Are Temporary Disabilities Covered?

Yes, temporary disabilities are often covered under ADA and FEHA protections. Whether due to surgery, injury, or illness, employers are generally required to accommodate these temporary conditions similarly to permanent disabilities. Ensuring you have adequate medical documentation and an open dialogue with your employer about your needs is crucial. Legal assistance is available to ensure your rights are upheld throughout temporary circumstances.

What Should I Do if I Suspect Workplace Discrimination?

If you suspect you are being discriminated against at work because of your disability, start by documenting every instance of perceived discrimination. Keep detailed records of conversations, emails, and any actions taken against you. Report the behavior to your HR department and familiarize yourself with your company’s policies on discrimination. Seeking legal counsel can help you understand the full scope of your rights and any potential legal remedies available to you.

What Proof Do I Need in a Disability Discrimination Case?

To succeed in a disability discrimination case, gathering substantial evidence that demonstrates the discrimination you have faced is crucial. Here are key elements that need to be established:

• Protected Disability Status: You must show that you have a qualifying disability under the ADA or FEHA. This typically requires medical documentation from a healthcare professional detailing your condition and how it limits your major life activities.
• Qualification for the Job: Evidence that you were qualified for the position, meeting the essential requirements, and capable of performing the job duties, either with or without reasonable accommodation, is necessary. This can include your resume, performance reviews, & any relevant certifications.
• Adverse Employment Action: You need to prove that you suffered an adverse employment action (e.g., termination, demotion, denial of promotion) and that this action was due to your disability. Documentation such as termination letters, emails, & witness statements can support your claim.
• Connection Between Disability & Adverse Action: It is critical to establish a causal link between your disability and the adverse employment action. This can be demonstrated through direct evidence, such as the employer’s discriminatory statements, or circumstantial evidence, like the suspicious timing of the adverse action following disclosure of your disability.
• Failure to Provide Reasonable Accommodations: If your case involves the employer’s failure to provide reasonable accommodations, you must show that you requested an accommodation and that the accommodation was reasonable and necessary for you to perform your job. Correspondence with your employer regarding accommodation requests and responses will be important evidence.

We will assist you in gathering and presenting this evidence to build a strong case. We understand the nuances of disability discrimination laws & will work diligently to ensure your story is compelling and well-supported. A well-prepared case not only aids in achieving a fair resolution but can also set a precedent, encouraging better workplace practices throughout the community.

Contact Our Disability Discrimination Lawyer in California Today

Disability discrimination can be one of the trickier areas of employment law, as every employee’s circumstances are unique. Oftentimes, individuals are unaware of all the protections afforded them by state & federal laws.

If you believe that you are being treated differently because of your disability or that your employer dismisses your requests for accommodations, you need to talk to one of our attorneys at Valiant Law. Not only is it possible that changes can be made to make you more productive at work, but you could also be entitled to compensation. Our firm takes pride in guiding clients through these difficult situations with compassion and professionalism.

Discuss your disability discrimination case with us in a free initial consultation. Schedule an appointment by calling (909) 254-5771 or reaching out online to get started with our California disability discrimination attorney.