Santa Clara Disability Discrimination Lawyer
Disability discrimination in employment is against the law. Federal laws and California state laws both work to protect employees from being discriminated against as a result of disabilities. Many Americans are considered disabled according to applicable legal standards, and these individuals have the right to be treated fairly by their employers. Sadly, statistics indicate that 25 percent of Americans who suffer from disabilities are far more likely to be unemployed than are other individuals. Finding a job in the face of discrimination and employer bias creates an extra hurdle for these employees. And yet, many of these individuals are good at their jobs and completely capable of performing the tasks required in their field. In order to protect yourself from workplace discrimination, you have to know your rights. If you believe you are facing disability discrimination at the hands of an employer in Santa Clara, California, contact an employment law attorney today. At the Costanzo Law Firm, our dedicated lawyers understand how important it is to protect the rights of California’s hard-working residents. Call us at 408-993-8493 to speak to an experienced Santa Clara disability discrimination lawyer today.
Disability Protections in Santa Clara, California
The Americans with Disabilities Act (ADA) provides protections for disabled individuals. The definition of disabled under the ADA includes anyone with physical or mental impairments that create a substantial limit on their ability to do at least one major life activity. California laws have similar language within the Fair Employment and Housing Act. That law also provides protections for disabled individuals, as well as people experiencing certain medical conditions.
Illegal Discrimination in Santa Clara, California
Employers are prevented from illegally discriminating against employees. However, not every action will amount to discrimination. To be considered discrimination in the eyes of the law, the action must include an important impact on a person’s employment status. If such a decision is made based on a person’s membership in a protected class, then discrimination has likely occurred. Disabled individuals are just one group of Americans who benefit from protections against discrimination. Employers are also not able to make these decisions based on race, age, sex, or many other categories.
If your employer failed to promote you because of your disability, a prospective employer refuses to hire you based on your disability, or if you were fired as a result of a disability, any of these actions will likely amount to employment discrimination. There are other forms of discrimination as well, and it is best to speak to a Santa Clara, California, employment law attorney to learn your rights and whether you might have a claim against your employer for discrimination.
Accommodations in the Workplace in Santa Clara, California
Employers often claim they are not discriminating against an employee based on a disability, but rather that the employee is incapable of performing his or her expected job-related tasks. It is important to note that employers are required to make reasonable accommodations for disabled workers. Such accommodations might include changing a work area, providing certain equipment, or making alterations to the worker’s duties. Employers are not required to provide accommodations if they will be overly burdensome or create an undue hardship for that business. Sometimes the accommodations required will simply be far too expensive for the company involved to provide. If you and your employer disagree over an accommodation, these are questions that might have to be decided in court. If you believe your employer is not providing you with accommodations to which you are entitled, contact a Santa Clara, California employment law attorney today.
Filing Disability Discrimination Claims in Santa Clara, California
If you were subjected to discrimination at the hands of your employer based on a real or perceived disability, the law is designed to protect you. You have the right to file a claim against the employer for their discriminatory actions. In the case of federal claims, employees will first file with the EEOC. The EEOC sometimes carries out investigations or pursues actions against employers whom they suspect engaged in discriminatory practices. Not every case should be filed in federal court or based on federal statutes, however. California State law applies in many cases where federal laws will not. For instance, California covers employers with fewer employees and broadens the class of individuals who are protected from discrimination. In many cases, employees will find that filing in state court is preferable for their purposes. To learn the best circumstances in your specific case, it is wise to speak to an experienced Santa Clara, California, employment law attorney.
Call the Costanzo Law Firm Today About Disability Discrimination in a Santa Clara Workplace
At the Costanzo Law Firm, our dedicated employment law attorneys are ready to work with you to develop a strategy to protect your rights and get you help, accommodations, or hold your employer accountable for their wrongful actions. Call us today at 408-993-8493 to speak to a dedicated Santa Clara, California, employment law attorney.
