Disability Attorneys in Irvine
Our experienced Irvine disability discrimination attorneys are available 24/7 to protect your rights, and to file a claim against the at fault employer for any compensation you may deserve.
According to the United States census, residents with a disability under the age of 65 years in Irvine make up 3% of the population. An employer has the right to discriminate against an employee because of their disability or impairment. If an employer does discriminate against an employee due to their disability, the employee has a claim for disability discrimination against their employer.
Our Orange County Irvine disability discrimination attorneys are available 24/7 to protect your rights in the workplace, and to assert your claims and making sure that no one is discriminated again at your workplace. There are several laws in place on the federal level and on the state level that protect disabled employees. Disability is considered to be a protected class under the United States Equal Employment Opportunity Commission. This means that an employer is prohibited from discriminating against an employee because they belong to the disability protected class.
The disability protections apply to all aspects of employment, including interviewing the applicants, hiring the applicant, firing the employee, demoting the employee, transferring the employee, paying the employee salary, offering the employee benefits.
Not only is disability discrimination illegal, but it is unethical. Our attorneys understand how traumatic of an experience it could be to be discriminated against, especially by 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?
All disabled citizens are protected under both Federal and California laws. Under California law, a disability is defined as an impairment that makes performance of a major life activity “difficult.” California does not specifically outline a variety of diseases, or disorders that could be considered a disability. There are several definitions set forth under the Americans with Disabilities Act, however, no disease is explicitly stated. It is up to the United States Supreme Court’s narrow interpretation to determine what qualifies as a disability.
Both federal and state laws generally make it illegal for an employer to engage in any type of discrimination against their employees simply because they have a disability or impairment.
As long as the employee is able to perform the job, an employer cannot retaliate or engage in any adverse actions against the employee. The employee also has the right to ask for reasonable accommodations to continue their employment if they have any impairment during working hours.
Conditions that are considered disabled under the California Fair Employment and Housing Act include:
- Bipolar Disorder
- Multiple Sclerosis
- Heart Disease
- Clinical Depression
What Is Disability Discrimination in Irvine?
Disability discrimination is when an employer engages and any adverse conduct in a variety of employment situations, such as wrongfully terminating an employee, failing to provide any reasonable accommodations, or failing to accept a family medical leave. There are a variety of ways an employer could be held liable for disability discrimination.
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, it is important that you 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.
Could I Request A Leave of Absence in California?
Employees are entitled to a leave of absence when needed. This means that if certain circumstances require the employee to take time off, the employee does have the right to take time off without fear of getting fired when they return to their jobs. Under reasonable circumstances, your leave of absence should be approved. Examples of leave of absence include when the employee is injured and sustains a disability, or when the employee is pregnant.
What Are Reasonable Accommodations?
Under both Federal and California laws, an employer is required to provide reasonable accommodations to a disabled employee upon their request. There is no time frame as to when an employer must respond, however an employer must respond as soon as possible. If your employer has not responded and has constantly delayed providing you any reasonable accommodations, contact us immediately.
These reasonable accommodations are meant to assist the employee when performing their job. These reasonable accommodations include:
- Medical leave under the Family Medical Leave Act
- Transferring the employee
- Providing the employee modified devices
- Making the workplace accessible, such as restrooms
- Giving the employee a disabled parking spot
- Modifying work schedules
- Modifying job responsibilities to make it less strenuous
- Allowing the employee to work remotely if possible
Examples of Disability Discrimination in Irvine
It’s not often that simple to point to a specific instance of disability discrimination. That is why it is very important to hire an experienced Irvine discrimination attorney that can gather as much evidence as possible in your favor and to assert your claims. Disability discrimination could be indirect or direct. Most likely, discrimination effects an employee indirectly when an employer advocates for certain practices that favor non-disabled employees over disabled employees.
Examples of Disability Discrimination Include:
- Failing to promote an employee because of a disability: for example, if a non-disabled employee was not qualified for the job and was promoted over the disabled employee who was qualified, you may have a claim for disability discrimination.
- 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 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 because of their disability: the employee must be able to show the 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.
The instances mentioned above are not a complete set of examples. If you have suffered any of the mentioned examples, or any other instances that point to disability 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, it is very important that you contact our Orange County discrimination attorneys immediately. We will assist you in establishing your rights, and hold the employer liable.
Fortunately, there are several different protections on a federal level and on a state level that protect employees from any type of misconduct by their employers. If you have been in a situation where you have been discriminated against, our team of experienced discrimination attorneys are here to help you defend your rights.
We offer a free no risk consultation where we will review the merits of your claim, and determine the possible damages you could receive.
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