California Disability Discrimination Lawyer
When you suffer from a disability, life is already difficult enough. You do not want to be treated differently from anyone else, especially when you are on the job trying to earn an honest living. Many employees in California, and throughout the entire country, have the right to be free from discrimination when they go to work. If you feel as though your employer has treated you unfairly based on your disability, speak to a California disability discrimination lawyer that can help you file a claim to recover your losses.
What is Disability Discrimination?
Disability discrimination occurs any time an employee receives improper treatment based on their physical or mental impairment. The federal American with Disabilities Act (ADA) protects employees from disability discrimination in the workplace, but it only covers employers that employ 15 or more employees. California law, on the other hand, also has protections in place for disabled employees. The state law covers employers that employ five or more employees.
Disability discrimination takes many forms and it is not limited to wrongful termination, although that is sometimes the case. Any time an employer treats someone unfairly due to a disability, it could be a case of discrimination. Demotions, reducing an employee’s hours or wages, or failing to provide reasonable accommodations are all just some of the most common forms of disability discrimination.
How to File a Disability Discrimination Claim
Sometimes, disability discrimination is obvious. For example, a disabled employee may ask their employee to make reasonable accommodations for them, such as taking breaks more often than other employees. If the employee is fired soon after making this request, it may be a case of disability discrimination.
Other times though, disability discrimination is much more subtle. Using the above example, the employer may provide reasonable accommodations but also reduce the employee’s hours. In this case, an investigation may have to be conducted to determine if it is a case of discrimination. If, after an investigation is completed, it is found that another employee was given more hours after the disabled employee’s hours were reduced, the disabled employee may have a legitimate claim against their employer.
Due to the fact that it is not always easy to identify disability discrimination, it is always important to speak to an employment lawyer. An attorney will know what to look for when determining if discrimination is taking place and if necessary, conduct the investigation to collect evidence to prove your claim.
Our Disability Discrimination Lawyer in California Can Advise on Your Case
If you suffer from a disability and feel as though your employer has discriminated against you because of it, our California disability discrimination lawyer is here to help with your case. At Obagi Law Group, P.C., we have the experience necessary to identify when discrimination is occurring, and will walk you through the process of filing a claim. To learn more about your rights and how we can help, call us at 424-284-2401 or fill out our online form to schedule a consultation.