Articles Posted in disability discrimination

When it comes to disability discrimination in the workplace, many presume it is for the obvious or perceived disabilities – a genetic condition like Down syndrome or a traumatic injury that leaves one scarred or with lower physical capacity. Los Angeles disability discrimination lawyers, however, know that invisible disabilities can affect individuals too.disability discrimination attorney

Workplace discrimination for these conditions usually comes in the form of assumptions of one’s ability based on stigma or the failure to understand why certain conditions require the treatment they do.

Some of the workplace disability cases our employment attorneys have taken on include:

  • Mild traumatic brain injuries
  • Attention hyperactivity disorder
  • Dyslexia
  • Fibromyalgia
  • Lupus
  • High-functioning autism
  • Multiple sclerosis
  • Heart problems

Workers with disabilities are protected against workplace discrimination by two primary federal laws: The Americans With Disabilities Act and the Rehabilitation Act of 1973. In order to be covered by these protections, workers are required to disclose their disabilities, which we realize can be a tough decision. The truth of the matter is, discrimination often follows disclosure.

Invisible disability can impact both a person’s employment and financial future. Continue reading

Employment discrimination against workers and applicants with disabilities unfortunately remains an all-too-common reality, despite California and federal law prohibiting such practices. Statutes require companies to give fair consideration of applicants regardless of disability, so long as the individual can perform essential functions of the job with reasonable accommodations. Proving disability discrimination, however, can sometimes be difficult though because, as our Los Angeles disability discrimination employment attorneys can explain, employers aren’t always blatant about it. disability discrimination lawyer

Report: Teen Refused Job by Manager Who Explained, “We Don’t Hire People With Disabilities”

Not so for an incident recently reported by a 19-year-old Virginia man with cerebral palsy. As reported by a local television station, the recent high school graduate explained he arrived for a scheduled interview or an associate position at a home decor retail store. He’d confirmed the appointment via text message before arrival. However when he got there, he said the store manager took one look at him and stated, “Oh, no, we don’t hire people with disabilities.”

There are many types of Los Angeles employment discrimination cases wherein you, the worker, must first file a complaint with the Equal Employment Opportunity Commission before you are free to take your case to court. Yet there is no requirement indicating you can’t hire a private employment attorney, and the truth is, you may be entitled to more than the EEOC will provide. When you discuss this possibility with a job discrimination attorney ahead of time, you’ll be able to glean some guidance on what to report, what evidence to bring and suggestions for wording your complaint in ways that could give you a stronger stance. racial discrimination attorney

This may be especially important in light of the recent findings of a dual-published report by the Center for Public Integrity and VOX, indicating that the EEOC may not have enough personnel to adequately investigate each claim.

Report: EEOC Falls Short in Settling Discrimination Claims

Race discrimination claims are among the most commonly-filed. In fact, black workers alleging racial discrimination comprised 25 percent of all EEOC claims, which is notable because there are many different kinds of discrimination. Only 15 percent of those are resolved with some compensation being returned to the complainants. Continue reading

A man who survived the deadliest shooting in U.S. history – and watched his father-in-law gunned down before his eyes (his wife’s aunt and cousin were among the wounded at the concert) – has filed a lawsuit alleging his employer discriminated against him by failing to accommodate his mental health condition when he returned to work. Los Angeles workplace discrimination attorneys can explain that while employers aren’t expected to provide opportunities for accommodation when a person can’t do what’s necessary to complete the core functions of the job, reasonable accommodations that don’t impose an undue hardship on the company are mandated by federal law. disability discrimination

The American Psychiatric Association first identified post-traumatic stress disorder as a named condition in 1952, though references to it date at least all the way back to ancient Greek literature. The reality is, it’s not uncommon for an individual to experience a traumatic event, and the APA estimates roughly 7-8 percent of all Americans suffer from PTSD. About 10 percent of women and 4 percent of men while experience PTSD in their lifetimes. It can afflict people who have seen the front lines of a war, but also those impacted by natural disasters, mass shooting casualties and interpersonal violence. PTSD rates are higher among soldiers than the general population, but the condition affects far more than military personnel.

Unless a person applying for accommodation requires some form of workplace accommodation during the application or interview process, he or she need not disclose a disability to an employer upfront. Disabilities only need to be disclosed when an employee requires accommodation to perform an essential function of the job. Continue reading

It is illegal – in California and across the U.S., per the EEOC –  to discriminate against a job applicant based on their race, color, religion, gender (including gender identity, sexual orientation and pregnancy) national origin, age (over 40), disability or genetic information. Yet one of the most frequently-used forums to lure new hires has essentially been facilitating just that, according to critics and a few employment lawsuits filed by the National Fair Housing Alliance, the American Civil Liberties Union and the Communication Workers of America. Los Angeles employment discrimination attorney

Social media giant Facebook has faced years of criticism that it allowed companies advertising job listings to use key categories allowing employers to cherry-pick who their ads would be shown to based on age group, gender and race. The New York Times now reports Facebook has agreed it will stop doing this.

It’s not just prospective employees that have been complaining either. Those advertising credit and housing have also been allowed to screen their ads so that they would only show to a certain subset of social media users. (Housing and credit are also regulated by federal anti-discrimination laws that bar selection of applicants on such bases.) Continue reading

A cancer diagnosis is often one of the most pivotal points in a person’s life, not only because it causes one to face possible mortality, but because it is expensive and often impedes a person’s ability to work and/or care for their family. However, it should not be the basis on which you’re fired. If you believe it is, an Orange County cancer discrimination attorney can help you determine whether you have a viable case and lay out your legal options.cancer discrimination lawyer

Rarely will an employer say, “We’re cutting your hours because you have cancer.” Instead, they will look for other excuses. They will say accommodations aren’t possible without hardship (when that’s not really true). They will say you weren’t performing according to company standards – even if you’ve had great annual reviews until that point. Sometimes they’ll start giving you poor reviews to leave a paper trail so they have a leg to stand on. This is why from the moment you suspect an issue, you should start documenting everything too.

Late last year, a Catholic school tried to argue that it had terminated a 5th grade teacher following her cancer diagnosis/revelation she’d be absent much of the school year because of something called the ministerial exception. This is not to be confused with ministerial v. discretionary duties, for which dispute can arise when civil tort plaintiffs suing government agencies for negligent acts/omissions by employees want the court to find the employees’ duties were “ministerial,” as in directed by the government absent their own discretion, making the government liable. In this case, Biel v. St. James School, the question was whether the teacher was a religious ministerial employee.

Why would this matter for someone with breast cancer? Continue reading

In order to be successful in claiming employment discrimination in California, employees must first assert they are part of a protected class that received unfair treatment. The U.S. Equal Employment Opportunity Commission (EEOC) explains that to discriminate means to treat someone less favorably and disparately, with federal protections extending to individuals on the basis of gender, religion, color, race, national origin, disability or age (over 40). In California, unlawful practices spelled out by the Fair Employment and Housing Act 12940 outlines protections for these classes, but also for:

  • Genetic information
  • Marital status
  • Gender identity/gender expression
  • Sexual orientation
  • Military or veteran statusemployment discrimination attorney Los Angeles

Part of the reason California’s additional protected classes matter is they go farther than federal law, giving unfairly-treated employees more options to pursue action.

As Los Angeles employment discrimination attorneys can explain, “protected classes” aren’t merely limited to minorities. But employment discrimination is often subtle – and doesn’t necessarily need to actually be a part of a protected class in order to be protected. Discrimination based on the perception of belonging or association with others in these classes can be actionable in California employment discrimination cases too.

Perceived Protected Class Employment Discrimination Continue reading

Employment discrimination can be subtle, but it is described as unequal treatment or attitudes toward one group of employees or against another resulting in unfair, adverse impacts to a protected class of employees or prospective employees. Among the most common questions our Riverside employment discrimination attorneys receive is, “How do I file an employment discrimination lawsuit in California?” One of the first things we need to determine is whether you belong to a protected class, and if so, whether they suffered disparate and negative treatment as at least partially a result of being in that class. Riverside Employment Discrimination Lawyer

The California Fair Employment Practices Act marks its 60th anniversary in 2019. The law prohibits discrimination against employees and/or applicants on the basis of one’s actual or perceived belonging or association with one of the following protected classes:

Gender (this provision also bars sexual harassment);

  • Race and Color
  • Ethnicity
  • Marital Status
  • National Origin or Ancestry
  • Religious Creed
  • Pregnancy, Childbirth or Related Conditions (including lactation)
  • Disability
  • Age (pertains to individuals over the age of 40)

Once our Riverside employment discrimination attorneys examine the facts of the case to determine whether sufficient evidence exists to file a claim, we’ll give you a detailed rundown of your legal options. Unlike other types of civil claims, the process of filing an employment discrimination claim doesn’t always go straight to court. Continue reading

A health care worker was recently awarded more than $1 million for California disability employment discrimination after she alleged a work injury led to her firing after her employer refused her reasonable accommodation.Riverside employment disability discrimination attorney

Our Riverside disability employment discrimination attorneys have dealt with many cases of disability discrimination stemming from an employer’s failure to provide reasonable accommodation, as outlined by the California Fair Employment and Housing Act. What this law means is if you have a physical or mental disability – work related or otherwise – your employer (or any employer with more than four employees) must provide reasonable accommodations for you to apply for or perform the essential function of your job, “unless it would cause an undue hardship.”

What is an “Undue Hardship” in California Employment Litigation?

As outlined in the the 2105 decision by the U.S. District Court for the Eastern District of California in US EEOC v. Placer ARC, in order for an accommodation to be an “undue hardship,” an accommodation needs to be proven by the defense to be unduly disruptive, substantial and extensive. It need not necessarily break the company financially, but it would a defendant employer would need to show it was enough to impact the basic operational flexibility. Continue reading

U.S. and California law provide very specific discrimination protections for employees who have historically been the greatest targets. Typically, these are women, racial minorities, older workers and those with disabilities. We’ve come a long way in the last 50- to- 60-years in ensuring California workers aren’t fired, demoted, transferred or miss out on key benefits because of prejudice by their employers. However, a key component of those protections is the worker’s classification. Those who are classified as “employees” are entitled to a host of employment law protections – everything from minimum wages and regular mandated breaks to reasonable accommodations if one one’s pregnancy requires restrictions. Los Angeles employment attorneys often have to explain another important protection denied independent contractors: Anti-discrimination laws. workplace discrimination Los Angeles

Approximately 1 in 7 jobs in America is classified as independent contractor or some other contingent-employment arrangement. This amounts to millions of Americans – roughly 14 percent in all, according the U.S. Bureau of Labor Statistics – whose work as freelancers, consultants, temporary agency laborers and contractors who are denied protections against discrimination for their age, race, gender, religion and disability. So for instance, while most employees can expect to be protected from age discrimination from their employer when they reach the age of 40, a freelancer has no such guarantee.

There are some analyses that suggest the unprotected workforce could be even larger. For instance, the California-based Staffing Industry Analysts recently released information indicating roughly 30 percent of American workers could be counted in the “contingent workforce.” The U.S. Equal Employment Opportunity Commission makes it clear that anti-discrimination statutes exempt independent contractors as well as those working for employment agencies. Sometimes, anti-discrimination protections depend on the number of employees a company has.  Continue reading