Disability Attorneys in Irvine

Disability Attorneys in Irvine

According to the United States Census, residents under the age of 65 with disabilities in Irvine represent about 3% of the population. This statistic highlights the significant number of individuals who are living with disabilities in this city.

Q: What should you do if you face disability discrimination at work?
If you believe you are a victim of disability discrimination, you have the right to file a claim against your employer. It is essential to document any incidents of discrimination and seek legal advice to understand your options.

Understanding Disability Discrimination Laws

In both federal and state jurisdictions, several laws are designed to protect employees with disabilities. Under the United States Equal Employment Opportunity Commission (EEOC), disability is classified as a protected class. This designation means that employers are legally prohibited from discriminating against employees based on their disability status.

What Does Disability Discrimination Mean?

Disability discrimination occurs when an employer treats an employee unfavorably because of their disability. This can include biased hiring practices, unequal pay, or denial of reasonable accommodations. Such actions are not only unjust but also illegal under the EEOC guidelines.

Why Seek Legal Help?

Navigating the complexities of disability discrimination laws can be a challenging task. By working with experienced attorneys, you ensure that your case is handled with the expertise and dedication it deserves. Our team will advocate for your rights, working tirelessly to rectify any discrimination issues and secure the justice you deserve.

Frequently Asked Questions

What should I do if I believe I’m experiencing disability discrimination?

Document any instances of discrimination and consult with a qualified attorney for guidance. They can guide you through the process of filing a complaint and help you pursue legal action if necessary.

How can disability discrimination be proven?

Evidence such as emails, witness statements, and performance reviews can help demonstrate that discrimination has occurred. An attorney can help you gather and present this evidence effectively.

Disability protections are crucial in ensuring fair treatment in the workplace. These protections span every facet of employment, safeguarding individuals from discrimination and ensuring equal opportunities. This includes various stages from the initial hiring process to the eventual termination of employment.

Interviewing and Hiring

When interviewing applicants, it’s essential to adhere to disability protections. Employers must avoid discriminatory practices and provide equal opportunities for all candidates, regardless of their disability. This commitment aligns with guidelines supplied by the Equal Employment Opportunity Commission (EEOC), which emphasizes the importance of an inclusive hiring process. KTLA has covered how employers can implement fair hiring practices.

Employee Management

Disability protections also cover the ongoing management of employees. This encompasses decisions related to promotions, demotions, and transfers. Employers must ensure that these decisions are made fairly and are not influenced by an employee’s disability. For detailed insights on managing disability accommodations, KCAL-TV offers valuable information.

Compensation and Benefits

Equal treatment extends to salary and benefits as well. Employers are required to offer fair compensation and benefits to all employees, irrespective of any disability. This aspect of disability protection ensures that employees with disabilities are not disadvantaged in terms of salary or access to benefits. KCRW provides coverage on the importance of equitable compensation practices.

Termination of Employment

Lastly, disability protections are in place to ensure fair treatment during the termination process. Employers must follow legal guidelines to avoid wrongful termination and ensure that decisions are based on legitimate reasons unrelated to the employee’s disability. For more information on this topic, KLAS-TV provides insights into legal considerations during employment terminations.

Not only is disability discrimination illegal, but it is unethical. Our attorneys understand how traumatic an experience it can be to face discrimination, especially from your employer. If you or a loved one has faced disability discrimination or retaliation in the workplace, contact our Orange County discrimination attorneys immediately.

Who Is Protected Under Disability Protection Laws?

Under both Federal and California laws, all disabled citizens are afforded protection. In California, a disability is defined as an impairment that substantially limits the performance of one or more major life activities. Notably, California’s definition of disability is broad and does not specify particular diseases or disorders.

For a detailed overview of California’s disability laws, you can refer to the California Department of Fair Employment and Housing (DFEH) disability protections.

The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) also provides protections, though it does not explicitly list specific diseases or disorders as disabilities. Instead, it offers a broad definition, and it is up to the United States Supreme Court to determine what qualifies as a disability based on its interpretations.

Employer Obligations and Employee Rights

Both federal and state laws make it illegal for employers to discriminate against employees solely due to their disability or impairment.

What Are Reasonable Accommodations?

Reasonable accommodations may include modifications to work schedules, adjustments in job duties, or changes in the work environment. Employees have the right to request these accommodations, provided they do not cause undue hardship to the employer.

The California Fair Employment and Housing Act (FEHA) provides robust protections for individuals with disabilities. It ensures that people with certain conditions are protected from discrimination in the workplace and beyond. The following conditions are recognized as disabilities under FEHA:

Diabetes

Diabetes is a chronic condition that affects how the body processes blood sugar (glucose). Under FEHA, diabetes qualifies as a disability if it significantly limits one or more major life activities.

Human Papillomavirus (HPV)

HPV is a viral infection that can lead to various health issues, including cancer. FEHA considers HPV a disability when it substantially restricts an individual’s ability to perform daily activities.

Bipolar Disorder

FEHA recognizes bipolar disorder as a disability when it impacts major life activities, including work and social interactions.

Multiple Sclerosis

Multiple sclerosis (MS) is a disease that affects the central nervous system. FEHA acknowledges MS as a disability due to its potential to interfere with major life activities and bodily functions.

Heart Disease

Heart disease encompasses various conditions affecting the heart’s health and function. FEHA includes heart disease as a disability when it limits an individual’s ability to engage in major life activities.

Clinical Depression

Clinical depression, or major depressive disorder, is a severe form of depression that impairs daily functioning.

Hepatitis

Hepatitis is an inflammation of the liver that can lead to serious health complications. FEHA recognizes hepatitis as a disability when it significantly affects an individual’s major life activities.

Epilepsy

Under FEHA, epilepsy qualifies as a disability if it limits an individual’s ability to perform daily activities.

Frequently Asked Questions (FAQs)

Q: What types of accommodations might an employee with diabetes need?

A: Employees with diabetes may require accommodations such as flexible break times for blood sugar monitoring or access to a refrigerator for insulin storage.

Q: How does FEHA protect individuals with mental health conditions like bipolar disorder?

A: FEHA mandates that employers provide reasonable accommodations and prevent discrimination against employees with mental health conditions. This includes adjustments to work schedules or environments to support mental health.

What Is Disability Discrimination in Irvine?

Disability discrimination occurs when an employer engages in adverse conduct in various employment situations, such as wrongfully terminating an employee, failing to provide a reasonable accommodation, or refusing to accept a family medical leave.

Many employees who face disability discrimination do not even know that they have a claim against their employer. That is why if you think you have a potential claim against your employer, you must seek medical care immediately. You do not have to fight for your rights alone. Our Irvine attorneys are ready and able to help you every step of the way.

What Are Reasonable Accommodations?

There is no specific time frame for when an employer must respond; however, an employer must respond as soon as possible. If your employer has not responded consistently and has delayed providing you with any reasonable accommodations, contact us immediately.

These reasonable accommodations include:

• Medical leave under the Family Medical Leave Act 
• Transferring the employee
• Providing the employee with modified devices
• Making the workplace accessible, such as restrooms
• Giving the employee an accessible parking spot
• Modifying work schedules
• Modifying job responsibilities to make them less strenuous
• Allowing the employee to work remotely if possible

Examples of Disability Discrimination in Irvine

It’s not often that it’s so simple to point to a specific instance of disability discrimination. That is why it is essential to hire an experienced Irvine discrimination attorney who can gather as much evidence as possible in your favor and assert your claims. Discrimination could be indirect or direct. Most likely, discrimination affects an employee indirectly when an employer advocates for specific practices that favor non-disabled employees over those with disabilities.

Examples of Disability Discrimination Include:

• Withdrawing a job offer after learning that the employee has a disability
• Asking an employee whether they have a disability during an interview
• Discriminating against employees simply because their family has a disability
• Making derogatory verbal comments against the disabled employee
• Discriminating against an employee simply because their family has a disability
• Making derogatory verbal comments against the disabled employee
• Discriminating against employees based on their past disability: an employer cannot discriminate against you for a disability you have suffered in the past.
• Negative performance reviews due to the employee’s disability
• Not hiring an employee because of their disability
• Demoting an employee due to their disability: the employee must demonstrate a correlation between their disability and the adverse action.
• Failing to accommodate an employee’s request for reasonable accommodations: an employer must accommodate an employee’s request for reasonable accommodations to continue their employment.

If you have suffered any of the mentioned examples or any other instances that point to discrimination in Irvine, contact our Orange County qualified discrimination attorneys today. 

If your employer has failed to provide any reasonable accommodations after a timely request, you must contact our Orange County discrimination attorneys immediately. We will assist you in establishing your rights and holding the employer liable.

Fortunately, there are several protections on both the federal and state levels that safeguard employees from any misconduct by their employers.

We offer a free consultation to determine the merits of your claim and the possible damages you could receive.