Disability Discrimination Lawyer in Northridge

Fighting Against Discrimination Based on Disability in California

No one should become a victim of disability discrimination at work. Despite the laws that protect people with disabilities, this is a common employment law violation across the country. When you face discrimination at work because of your disability, you can pursue legal action to hold your employer accountable for its behavior.

At K2 Employment Law, our disability discrimination attorneys in Northridge help clients assert their rights after experiencing various kinds of discrimination, including disability discrimination. We believe all employees should be treated with dignity and respect for their rights in the workplace, and we assist in holding employers responsible for allowing unlawful mistreatment in their workplaces. Rest assured that our legal team has your best interests in mind and can help you fight against unfair treatment at work.

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

Recognizing Disability Discrimination at Work

Disability status is one of many characteristics protected by federal and state law. Employees with certain medical conditions qualify for disability protection under the Americans with Disabilities Act (ADA). If you have a physical or mental condition that qualifies you for protection, you may encounter disability discrimination in the workplace, but it’s not always apparent.

Common examples of disability discrimination include the following:

• Promoting or allowing workplace harassment because of an employee’s disability
• Denying any kind of reasonable accommodation for a disability
• Retaliating against an employee for requesting reasonable accommodation
• Wrongfully terminating an employee because of their disability
• Telling “jokes” or making comments that are biased against any disability
• Refusing to promote or give a raise to an employee because of their disability

Disability discrimination isn't limited to overt actions; it can also encompass subtle, persistent behaviors that create a hostile work environment. For instance, continual exclusion from meetings or team activities, unwarranted scrutiny of work abilities compared to peers, or managers publicly questioning the legitimacy of an employee's disability can also be forms of discrimination. Recognizing these signs early can help you take action before the situation worsens.

There are many more ways disability discrimination can manifest in the workplace. If you think you were subjected to unfair treatment because of your disability, you may have a claim. Not sure? Let our disability discrimination attorneys in Northridge help. Reach out to K2 Employment Law today for a free consultation.

Key Evidence for a Disability Discrimination Case

Establishing a disability discrimination case requires concrete evidence to demonstrate that an employer’s actions were based on discriminatory motives related to your disability. 

Here are the key elements of proof needed:

• Disability Status: You must show that you have a disability as defined by the Americans with Disabilities Act (ADA). This means proving that you have a physical or mental impairment that substantially limits one or more major life activities.
• Qualification for the Job: It is essential to prove that you are qualified for the position. This involves demonstrating that you can accomplish the essential functions of the job, with or without reasonable accommodation.
• Adverse Employment Action: Evidence is needed to show that you suffered an adverse employment action, like being fired, demoted, or denied a promotion. Documentation of these actions, such as termination letters or performance reviews, can be crucial.
• Connection to Disability: You must establish a causal link between the unfavorable employment action and your disability. This can involve showing that your employer was aware of your disability and that the timing of the adverse action coincided suspiciously with your disclosure or need for accommodation.
• Reasonable Accommodation: If your case involves a failure to provide reasonable accommodation, you will need to show that you requested accommodation and that it was reasonable and necessary for you to perform your job. Evidence can include written requests and any communication with your employer regarding the accommodation.

Additionally, compiling witness statements from colleagues who observed discriminatory behavior, keeping logs of any discriminatory comments or behavior, and gathering any written communication between you and your employer can strengthen your position. Understanding these nuances can provide a clearer pathway to seeking justice and ensuring your rights are upheld.

Reasonable Accommodation for Disabilities

Reasonable accommodation for a disability is any modification to a work environment, schedule, or secondary duties that allows an employee with a disability to perform their primary work duties. One of the most common forms of disability discrimination occurs when an employer denies a request for reasonable accommodation.

Common examples of reasonable accommodation include the following:

• Reconfiguring workspace layout to accommodate a mobility aid
• Providing a reserved parking spot close to the workplace’s entrance
• Allowing additional or flexible rest breaks
• Work-from-home arrangements
• Late-start schedule
• Providing screen reader software
• Providing closed captioning software for video conferences
• Allowing service animals into the work environment

Employers must engage in an interactive process with employees requesting accommodations, which involves discussing possible solutions and assessing the feasibility of each request. An employee should document each interaction with their employer regarding accommodation requests, as this record can act as evidence if a dispute arises. The aim is to foster an inclusive work environment that empowers employees with disabilities to contribute effectively.

These are just a few of the possible accommodations an employee with a disability can request. If there is any modification an employer could potentially make to an employee’s work environment, schedule, or duties, it may be requested for consideration as a reasonable accommodation.

Requesting Your Right to Reasonable Accommodation

You can legally request reasonable accommodation by telling your employer you need an adjustment to your workplace, schedule, or duties to accommodate a disability.

You don’t need to provide this notice in writing, and you don’t even need to use the term “reasonable accommodation.” There are no such requirements in the ADA. You do, however, have to disclose your disability to your employer, who may be able to request medical information specifically about your disability status.

In Northridge, workers have access to various resources to support their rights to reasonable accommodation. Local advocacy groups and employment law resources can offer guidance and support throughout this interactive process. Understanding your rights and how to effectively communicate your accommodation needs can play a pivotal role in ensuring you receive the necessary support to perform your job duties effectively and comfortably.

Are Employees Responsible for Disability Accommodation Costs?

No. Some types of accommodation may require purchasing special furniture, software, or other work materials, but employees don’t have to pay for these.

When accommodation for a disability costs money, employers are completely responsible for this cost. They can’t require employees to purchase materials themselves or take the cost of accommodation out of their paychecks. If an employer is wary about the cost of accommodation, they may suggest an alternative accommodation that costs less or nothing at all.

Employees must know that the term 'undue hardship' is used when an employer genuinely cannot afford or is heavily burdened by the requested accommodation. However, financial burden alone is not always sufficient—they must demonstrate that the accommodation would be significantly difficult or expensive given the size, financial resources, and nature of the operation of the employer.

Reasonable Accommodation and Undue Hardship

Employers must work with employees who request reasonable accommodation to come up with mutually agreeable solutions. Employers may reject requests for reasonable accommodation when they fear providing a specifically requested accommodation, or any accommodation at all, could present an undue hardship for their businesses.

When this happens, an employee can initiate a disability discrimination case to seek damages and/or a court order for the requested workplace accommodation. Employers, however, can prevail in these cases. That’s why you should seek a knowledgeable disability discrimination attorney near you for help with your claim.

A thorough understanding of both parties’ responsibilities in this interactive process can be beneficial. Employers are encouraged to explore various alternatives, which may include modifying physical workspaces, altering work schedules, or reassigning non-essential tasks to colleagues. Such discussions help in mitigating discrimination claims before they progress to legal action. Employees should be encouraged to actively participate in these discussions to find workable accommodation solutions, knowing that federal and state laws are in place to protect their rights.

For experienced guidance, turn to a skilled disability discrimination attorney in Northridge 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 documentation and the establishment of a clear link between your disability and the adverse action taken against you. Begin by collecting any emails, text messages, or documents that discuss your job performance, disability status, or requests for accommodations. It is also helpful to note any comments or behavior from supervisors or coworkers that indicate bias or discrimination. Witnesses willing to testify about discriminatory practices can also bolster your case. Furthermore, consulting with a disability discrimination lawyer near you can provide insights into additional evidence you may need and help frame your experiences in a legally compelling way.

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

The California Fair Employment and Housing Act (FEHA) provides robust protections against workplace discrimination based on disability. Under FEHA, employees with disabilities are entitled to reasonable accommodations that enable them to perform their job duties. Employers are prohibited from discrimination in hiring, promotions, job assignments, and other employment terms based on disability status. If discrimination occurs, employees have the right to file a complaint. Understanding these rights ensures that employers remain accountable and that employees are equipped to advocate for themselves effectively.

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

If your accommodation request is denied, it's essential to seek clarification from your employer. Employers are required to participate in an interactive process to identify possible accommodations. If an agreement cannot be reached or if the employer refuses to continue the discussion, document all interactions and seek assistance from a disability discrimination lawyer in Northridge. Legal counsel can help mediate the situation or take further legal action if necessary, ensuring that your accommodations are fairly considered.

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

The duration of a disability discrimination case can vary based on the complexity of the issues involved and the cooperation of both parties. Typically, the process can range from several months to over a year. Factors such as the need for extensive investigation, the complexity of negotiations, and potential court proceedings can influence timelines. However, having experienced legal representation can help streamline the process. At K2 Employment Law, we strive to address our clients’ concerns promptly while pursuing a fair resolution to their cases.