Disability Discrimination Lawyer in the San Fernando Valley

Fighting Against Discrimination Based on Disability in California

No one should face disability discrimination at work. Although laws protect people with disabilities, employers still violate those legal standards. When you experience discrimination at work because of your disability, you can take legal steps to hold your employer accountable.

At K2 Employment Law, our disability discrimination attorneys based in Northridge help clients enforce their rights after different forms of discrimination, including disability discrimination. We believe every employee deserves dignity and respect in the workplace, and we focus on holding employers responsible for allowing unlawful mistreatment. Our legal team always acts in your best interests and fights against unfair treatment at work. Based in Northridge, we serve the entire San Fernando Valley and surrounding areas.

Learn more during a free consultation with our disability discrimination lawyers in the SFV. Call K2 Employment Law now at (800) 590-7674 to get started.

Recognizing Disability Discrimination at Work

Disability status stands as one of several characteristics protected by federal and state law. Employees with certain medical conditions qualify for protection under the Americans with Disabilities Act (ADA). If you have a qualifying physical or mental condition, you may experience disability discrimination at work—but it is not always obvious or direct.

Common examples of disability discrimination include the following:

• Promoting or allowing workplace harassment because of an employee’s disability.
• Denying any reasonable accommodation for a disability.
• Retaliating against an employee for requesting reasonable accommodation.
• Wrongfully terminating an employee because of their disability.
• Making jokes or biased comments about any disability.
• Refusing to promote or give a raise to an employee due to their disability.

Disability discrimination is not limited to obvious actions; it may also involve subtle, ongoing behaviors that create a hostile work environment. Regularly excluding someone from meetings or team events, closely scrutinizing their work compared to others, or questioning the legitimacy of their disability in public can qualify as discrimination. Identifying these signs early allows you to address them before the situation escalates.

Disability discrimination can take many other forms in the workplace. If you believe you have experienced unfair treatment because of your disability, you may have grounds for a claim. Not sure? Our disability discrimination attorneys can evaluate your situation. 

Key Evidence for a Disability Discrimination Case

Building a disability discrimination case requires specific evidence showing that your employer’s actions were motivated by your disability. 

Here are the key elements of proof needed:

• Disability status: You must show that you have a disability under the ADA, which means having a physical or mental impairment that substantially limits major life activities.
• Qualification for the job: Prove you are qualified for your role by showing you can perform the job’s essential functions, with or without reasonable accommodation.
• Adverse employment action: Provide evidence that you experienced negative employment actions, such as being fired, demoted, or denied a promotion. Important documents include termination letters or performance reviews.
• Connection to disability: Establish a direct link between your disability and the adverse employment action. This may involve showing your employer knew about your disability and acted soon after you disclosed it or asked for an accommodation.
• Reasonable accommodation: If your claim involves failure to provide accommodation, demonstrate that you requested an accommodation and that it was reasonable and necessary for your job. Relevant evidence includes written requests and related communications.

Gathering witness statements from colleagues who observed discrimination, keeping detailed logs of comments or actions, and saving emails or other written communication with your employer can build a stronger case. Being thorough with records helps protect your rights.

Timelines of workplace incidents also help clarify your claim. Document each event with dates, locations, and the people involved. Saving important records, including employment documents and medical paperwork, helps support your claim. Feedback about your job performance, especially shortly after disclosing your disability, can also serve as important evidence.

Reasonable Accommodation for Disabilities

Reasonable accommodation means any adjustment to the workplace, schedule, or job tasks that enables an employee with a disability to perform essential job functions. Employers often violate the law by denying reasonable accommodation.

Common examples of reasonable accommodation include the following:

• Changing the workspace layout to accommodate mobility aids.
• Providing a reserved parking spot close to the entrance.
• Allowing extra or flexible rest breaks.
• Offering work-from-home options.
• Allowing a late-start schedule.
• Providing screen reader or assistive software.
• Offering closed captioning for video conferences.
• Allowing service animals at work.

Employers must have good faith discussions with employees who request accommodations. Documenting all interactions about accommodation requests can serve as helpful evidence if issues arise. These adjustments help support a work environment where employees with disabilities can contribute.

These are just some of the accommodations that an employee with a disability might request. If a workplace adjustment could help you perform your job duties, you can ask for it to be considered as a reasonable accommodation.

If you are unsure which accommodations will help you perform best at work, speak directly with your supervisor or human resources. Job coaches or vocational rehabilitation professionals may also recommend adjustments. When making a request, describe what specific change would help you fulfill your primary job duties.

Employers should respond to accommodation requests promptly and in good faith. Delays or repeated failures to address these requests can violate disability rights, even if an accommodation is eventually granted. If you believe your employer is avoiding the interactive process, document every conversation or communication to protect yourself if you move forward with a claim.

Requesting Your Right to Reasonable Accommodation

You can request a reasonable accommodation by notifying your employer that you need a change to the workplace, schedule, or duties due to a disability.

No law requires you to put your request in writing or to use the phrase “reasonable accommodation.” However, you need to disclose your disability to your employer, who may ask for medical information to confirm your status as a person with a disability.

California workers can use a range of resources to support their rights to reasonable accommodation. Employee advocacy organizations and employment law resources can help you understand your options through this process. Knowing your rights empowers you to ask for the support you need to work effectively and comfortably.

Many employers have existing policies that describe how to request accommodations. Check your employee handbook or contact human resources if you do not know where to begin. Some workplaces have formal request forms. Being proactive in following these steps can help limit confusion or delays. If your employer requests documentation of your disability, you only need to provide information that confirms an eligible impairment—not your entire medical history.

If you feel nervous about disclosing your disability, remember that it is against the law for your employer to retaliate against you for making a good-faith request for accommodation. Keeping detailed records of your requests and the employer's responses helps protect your rights throughout the process.

Your Timeline to Take Action

California law sets strict time limits for filing disability discrimination claims. Acting quickly is vital because missing a deadline can prevent you from pursuing your case. Most employees must file a complaint with the California Civil Rights Department (CRD) within three years of the alleged discrimination. The time limit usually starts on the date the discriminatory act occurs, so save all documentation and track important dates from the outset if you believe your rights were violated.

The complaint process generally begins with a pre-complaint inquiry to the CRD. The agency will evaluate your claim, decide whether to investigate, try to resolve it informally, or issue a right-to-sue letter. Getting this letter allows you to pursue your case in civil court. Calculating these deadlines can get complex, especially if you endured repeated discrimination or your employer hid their actions. A disability discrimination attorney from our firm can explain how deadlines might affect your claim.

Rely on the expertise of a skilled disability discrimination attorney in San Fernando Valley. Contact us or call (800) 590-7674 now to arrange your consultation without dela

What to Expect When Filing a Disability Discrimination Complaint

If you decide to file a disability discrimination complaint, you follow a step-by-step process. First, submit your complaint to the state agency, which in California is the Civil Rights Department. The agency will review your submission, request relevant documents, and may seek statements from you and your employer. If the complaint has merit, they may offer mediation or conduct further investigation. In some cases, they close the file and provide you with a right-to-sue notice so you can take your case to court.

During this process, keep thorough records, reply promptly to agency communications, and follow up with the assigned investigator. The agency may invite both parties to mediation to try to resolve the issue. If you cannot reach a settlement, you may proceed with a lawsuit. Legal counsel can help you understand your rights, any time limits, and what to expect at every stage. Speak with a qualified disability discrimination attorney in Northridge as soon as possible.

Are Employees Responsible for Disability Accommodation Costs?

Employees do not have to pay for reasonable accommodations. Some workplace accommodations may require special furniture, software, or equipment, but the employer must cover those expenses.

When an accommodation involves a cost, employers must pay for all expenses. They cannot require you to pay out of pocket or deduct the amount from your paycheck. If an employer has concerns about expense, they may suggest an alternative accommodation that is less expensive or free.

Employers must demonstrate that a requested accommodation truly creates an “undue hardship” if they wish to reject it based on cost. A financial burden alone is usually not enough—the employer must show that the accommodation would be significantly difficult or expensive given their size, financial resources, and business operations.

The same rules apply to costly accommodations and simple ones. The employer is required to consider the request, and if they claim undue hardship, must explain clearly why the accommodation is too expensive or difficult. Employers should propose alternatives when possible rather than simply denying the request.

Reasonable Accommodation and Undue Hardship

Employers must work with employees who request reasonable accommodations to find solutions that work for both parties. At times, employers may reject accommodation requests if they believe granting them would create an undue hardship for their business.

When a disagreement arises, an employee may file a disability discrimination case seeking damages or a court order for the requested workplace accommodation. Employers can sometimes defend against these claims. That’s why it helps to have a knowledgeable disability discrimination attorney for your claim.

Employers claiming undue hardship must support their statements with actual evidence. Courts look at factors like the cost of the requested accommodation, available tax credits, company size, and business revenue. Employers cannot simply claim an accommodation is too expensive without supporting their position. Often, cooperative problem-solving between the employee and employer can resolve issues out of court.

Clear understanding of each party’s role during this process helps achieve workable solutions. Employers should consider modifications to physical spaces, changes in work hours, or shifts of non-essential duties as options. These discussions can help prevent legal disputes over discrimination. Employees should take an active role in these conversations and know that state and federal laws protect their rights throughout the process.

For experienced guidance, turn to a skilled disability discrimination attorney in the LA area at K2 Employment Law. Contact us or call (800) 590-7674 to secure a consultation.

Frequently Asked Questions About Disability Discrimination

How Can I Prove Disability Discrimination at My Workplace?

Proving disability discrimination requires careful records and a clear connection between your disability and negative action at work. Collect emails, texts, or documents about job performance, disability status, or accommodation requests. Make note of any biased behavior or comments from supervisors or coworkers. Witnesses who can confirm discrimination strengthen your case. A disability discrimination attorney can help you identify and organize evidence effectively.

What Are My Rights Under the California Fair Employment and Housing Act?

The California Fair Employment and Housing Act (FEHA) protects employees from workplace discrimination due to disability. Under FEHA, you have the right to reasonable accommodations that allow you to do your job. Employers cannot discriminate in hiring, promotion, or job assignments based on disability. If you experience discrimination, you have the right to file a complaint and hold your employer responsible for following the law.

What Should I Do if My Employer Denies My Accommodation Request?

If your employer denies your request, ask for an explanation. Employers must participate in an interactive process to consider reasonable accommodations. If discussions break down, document all communication and consult a disability discrimination attorney. Legal professionals can guide you and help make sure your employer considers your requests fairly.

How Long Does It Take for a Disability Discrimination Case to Be Resolved?

Case timelines vary depending on the complexity and cooperation of the parties involved. Resolving a disability discrimination case can take from several months to over a year. Factors like investigation needs, negotiation, and possible court proceedings affect how long it takes. Experienced legal representation often helps move your case forward efficiently. At K2 Employment Law, we work to address your concerns promptly and pursue a fair resolution to your case. Speak with a disability discrimination lawyer now.

Reach out to K2 Employment Law today for a free consultation. with a seasoned disability discrimination lawyer in the San Fernando Valley.