Despite the passage of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), some people with disabilities still have trouble getting their employers to provide reasonable accommodations. In the current economic climate, it can be difficult to get employers to comply with the law. If your employer violated state or federal laws regarding disability, speak with a lawyer to learn about your rights.
At Le Clerc & Le Clerc LLP, we represent victims of disability discrimination. We have experience with cases involving California and federal employment law. Whether you work in the public or private sector, we can help protect your rights. Please call us at 415-445-0900 for a free consultation with our experienced San Francisco disability discrimination attorneys.
Your Rights as a Disabled Person Under Law
Under the ADAAA, you have the right to fair employment in the workplace. Fair employment means you have the right to work as long as you can perform the role with reasonable accommodations. Employers can’t make employment decisions because of your disability unless you can’t do the work. Examples of disabilities protected by the ADAAA include:
- Anxiety disorders
- Back injuries
- Carpal tunnel syndrome
- Impaired hearing
- Impaired vision
- Intellectual disabilities
- Mobility impairments
Did Your Employer Follow the Law?
Making employment decisions that are substantially motivated by a person’s disability or perceived disability is illegal. Employers must provide reasonable accommodations to allow disabled employees to perform their jobs. California law requires employers to meet with disabled or ill employees to try to determine how the company may accommodate them.
If providing a reasonable accommodation allows you to perform the work required by your employer without putting yourself or others in immediate danger, your employer must provide that accommodation.
Disability discrimination claims may involve issues such as:
- Determining whether someone is a qualified disabled employee entitled to accommodations
- Refusal to provide a qualified disabled employee with reasonable accommodations
- Determining whether accommodations would place an undue burden on the employer
- Harassment or hostile work environment: comments, jokes, emails, websites, photos, or threats that affect the person’s ability to do their job
In addition, disability discrimination may include California Family Rights Act (CFRA) and Family and Medical Leave Act (FMLA) violations. Disabled employees must be allowed to use CFRA and FMLA time for necessary medical treatment. Denying CFRA or FMLA leave, or punishing an employee for using it, is against the law.
Contact a Disability Law Attorney
At Le Clerc & Le Clerc LLP, we understand the stress and suffering disability discrimination can cause you. We want you to be free from this harm as soon as possible, and we will advocate on your behalf to help you receive fair treatment. To schedule a free consultation with our expert lawyers, please call 415-445-0900 or contact us online.