Workplace Discrimination Against the Disabled: What You Can Do

Disability discrimination is not acceptable! Remember that the law is on your side if you were wrongfully denied appropriate accommodations, lost your job, or were refused disability benefits. The Americans with Disabilities Act (ADA) says, “No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”

Even so, there have been notable advancements in how society treats people with disabilities. However, some employers continue to discriminate against employees with illnesses or disabilities or neglect to make reasonable accommodations for them. And, when the disability is "invisible," it is particularly prevalent, making it one of the most common types of employment discrimination. The best employment lawyer in Los Angeles is dedicated to assisting clients in taking legal action against employers who violate anti-discrimination laws. Get a detailed picture by reading on. 

What Does the Americans with Disabilities Act Cover?

A historic piece of federal law, the Americans with Disabilities Act, forbids discrimination against disabled workers in the workplace and other spheres of public life. This covers access to public and private areas that are open to the public, work, education, and transportation. In order for qualified individuals with disabilities to carry out their essential job functions, employers are required by the Americans with Disabilities Act (ADA) to make reasonable accommodations* for them.

A physical or mental impairment that significantly restricts one or more major life activities is considered a disability under the ADA. This definition includes those who have previously experienced such an impairment or who are thought to have a disability by employers. For example, the ADA protects employees from discrimination if their employer believes they have a disability, even if the condition does not limit their capability to fulfill their job responsibilities.

Employers with 15 or more workers are covered, and it guarantees that people with disabilities have the same opportunities and rights as others. The following are some instances of discrimination that are prohibited by the ADA:

• Refusing to hire someone due to a perceived disability.

• Not making reasonable accommodations, like reorganizing a job or changing a schedule.

• Punishing a worker for bringing a disability discrimination claim or asking for accommodations.

A knowledgeable employment attorney in Los Angeles can help you understand your rights and hold your employer responsible under disability discrimination laws if you have been the victim of such acts.

*Employers are required by law to make reasonable accommodations for workers with disabilities. These include:

• Allowing an employee to work from home

• Medical leave or an extension of it

• Transferring to a new position

• Changed work schedulesworkers compensation attorney

• Modified devices and equipment

• Policy adjustments or additional training

• Interpreters or other necessary support

• Workspace accessibility

Who Does the Disability Law Cover?

The legal definition may actually be much more extensive than you thought. For example, California law protects you if you:

• Have any physical impairment, illness, or condition that prevents you from engaging in essential life activities like working, speaking, walking, hearing, seeing, or learning, or any cosmetic deformity. Hepatitis, diabetes, epilepsy, multiple sclerosis, and HIV/AIDS are a few examples.

• Possess a medical history that includes a remission-inducing illness, such as cancer.

• If your physical condition is deemed by your employer to be either disabling, potentially disabling, or perceived to be disabling.

• Have a physical or mental disability, either permanent or even temporary, such as a broken leg, clinically diagnosed depression, stress or anxiety, pregnancy, ADHD/ADD, or a condition that may only last six months or less.

What Does The Americans With Disabilities Act Address?

Every aspect of work is covered by the ADA, including hiring, training, promotions, salaries, terminations, employee benefits, and workplace privileges.

An individual must be qualified to perform the job with or without reasonable accommodations in addition to having a disability in order to be covered. According to the Americans with Disabilities Act, a qualified individual is one who can perform the essential job functions with or without reasonable accommodations and who meets the necessary job skills, experience, education, and other requirements.

What Constitutes Employment Discrimination?

Discrimination based on disability can take many different forms, such as:

• Not granting someone leave that they are entitled to, such as under the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA)

• Not making accommodations for a medical condition or disability

• Releasing a disabled employee who has requested accommodations

• Refusing to hire a competent worker because of a real or perceived disability

• Inability to participate in the interactive process*

*Some state laws mandate an interactive process between the employer and the employee after the employee discloses that they have a disability and may require an accommodation. In order to choose a suitable accommodation, the employer must consult with the employee during this interactive process.

Employers are also forbidden by the ADA from inquiring about a candidate's disability prior to making a job offer. Employers are only permitted to inquire about a worker's capacity to carry out necessary job duties.

Additionally, an employer is not allowed to require a medical test or examination of an employee until after they have been offered a position and before they begin working. A medical test or examination may then be required by the employer, but the results of those tests cannot be used as grounds for rejecting a candidate unless the rejection is related to the position.

Ending Notes

Discrimination against disabled people in the workplace is not only unjust but also illegal. The Americans with Disabilities Act and California law provide strong legal protections for employees with disabilities, including equal opportunities, reasonable accommodations, and fair treatment. Be assured that you are not alone in facing discrimination, regardless of whether it was caused by an invisible or visible disability. You can fight for the justice you deserve, hold your employer responsible, and navigate the legal system with the assistance of the workers compensation attorney in Los Angeles.