Palo Alto Disability Discrimination Lawyer
Disabilities are common among Americans. In fact, according to the Centers for Disease Control and Prevention, nearly 25% of people in the United States have some form of disability. Sadly, millions of individuals suffering from disabilities struggle to find employment or keep their jobs. The rate of unemployment among individuals suffering from disabilities is far lower than the average for Americans. There are plenty of cases in which disabled workers are completely capable of performing their jobs, but employers discriminate against these individuals leading to their low level of employment. State and federal laws both work to protect disabled individuals from workplace discrimination. Disabled workers should understand their rights so that they can stand up for themselves in situations where employers treat them unfairly. If you believe that you have been discriminated against by an employer, contact the Costanzo Law Firm. Our Palo Alto, California, employment law attorneys are ready to serve as your legal advocates and ensure that your employer treats you with fairness. Call 408-993-8493 to speak to an experienced Palo Alto disability discrimination lawyer today.
Disabilities as Defined by California and Federal Law
According to the Americans with Disabilities Act, disabilities include physical and mental impairments that caused substantial limits to a minimum of at least one substantial life activity. California expands the definition slightly. In California, an impairment that causes difficulty in one or more major life activities will qualify for protection. The Fair Employment and Housing Act governs treatment for disabled individuals in the workplace in California. Protected disabilities include those that impact an individual’s mobility, which means the disability leads to challenges when walking or climbing stairs. This form of disability is the most common in the United States. Other disabilities also impact employees in America, including cognitive disabilities, vision impairment, hearing impairment, as well as others. If you believe that you have been discriminated against because of a disability, contact a Palo Alto, California employment law attorney.
Disability Discrimination in Palo Alto, California
Illegal discrimination in the workplace occurs when an employer makes important job-related decisions for an employee based on that employee’s membership in a protected class. Protected classes under federal and California law include disabled individuals. Of course, there are many other protected classes, including race, sex, age, and others as well. Some examples of discrimination against a disabled worker may include an employer denying a job to an individual because of that person’s disability. Denying promotions, raises, bonuses, or terminating an individual’s employment based on a disability are also prohibited in many cases. Employers may likewise discriminate by refusing to offer opportunities to an employee that could help that individual advance in their careers, such as training or education opportunities that are available to other non-disabled employees. Employers may not always act in ways that their employees like, but not every instance of unpleasant behavior will amount to discrimination. Your employer is required to treat you in a fair and equitable manner, which sometimes means that your employer will have to make accommodations for you. If you believe your employer illegally discriminated against you because of your disability, contact a Palo Alto, California, employment law attorney.
Seeking Accommodations in Palo Alto, California
If you require accommodations in Palo Alto, California, your employer may be required to provide you with those arrangements. In some cases, the employers should coordinate with the disabled employee to determine what accommodations will allow the employee to work more effectively in their position. Sometimes, an employee’s job duties may be modified, or the workspace may be relocated in order to make it more accessible to the individual. The accommodations must be reasonable. Sometimes, accommodations will be too expensive for the employer to cover the costs. In those cases, the employer may not be considered to be discriminating against an employee for not providing costly solutions. If you believe that you were unreasonably denied reasonable accommodations by your employer, contact a Palo Alto, California employment law attorney.
What to Do if You Are Facing Workplace Discrimination in Palo Alto, California
If you are facing discrimination in your place of work, you may have a claim against your employer. In the case of federal discrimination claims, you will file first with the Equal Employment Opportunity Commission. The EEOC will then investigate your claim, and in some situations, may take actions against the employer. If not, the EEOC will send you a letter stating that you have the right to file a lawsuit. There are time limits on filing with the EEOC as well as on filing a lawsuit.
If you are filing based on California State law, you will file with the Department of Fair Employment and Housing. More employers are covered by California law than federal law, and in many cases, employees benefit from filing their claims in California State courts rather than federal courts. Just as with the EEOC, you will have to receive a right to sue letter from DFEH green-lighting you to file your claim in court. If you have questions regarding whether you have a claim against your employer, contact a Palo Alto, California, employment law attorney.
Call the Costanzo Law Firm Today for Help With Disability Discrimination Claims in Palo Alto
At the Costanzo Law Firm, our attorneys understand how complicated it can be to have a conflict with your employer. Disability discrimination claims can be draining and emotionally challenging for workers. Call us today at 408-993-8493 to learn how we can help you navigate the system and ensure that you are treated fairly by your employer.
