Articles Posted in disability discrimination

As fears of the highly-contagious and potentially fatal coronavirus continue to spread, authorities have imposed numerous drastic measures and quarantine actions, from keeping passengers for weeks on a cruise ship to canceling classes for Japanese school children for the rest of the year. Some factories in Vietnam were forced to shut down operations when mangers on holiday in China were barred from traveling. workplace discrimination coronavirus

So what happens if you miss work due to illness or quarantine? What sort of job protections exist for workers under federal law?

First, let’s start by explaining what a quarantine is. A quarantine is the confinement of individuals who either have been or could have been exposed to a certain communicable illness or disease. Someone can be quarantined even if they don’t have the illness. This is different from isolation, which occurs when individuals who are sick are kept somewhere separate from those who are sick. Both state and federal governments in the U.S. have the legal authority to quarantine, though governments typically work together to determine if it’s necessary. A quarantine can last anywhere from a few hours to several weeks. If it stretches on past a few days, it could easily affect one’s ability to make a living. Continue reading

A for-profit nursing home chain operating dozens of facilities in several states (including California) has agreed to pay $2 million and implement other corrective measures after being sued for disability discrimination.Los Angeles disability discrimination

Local media report that at the heart of the case were strict hiring and leave policies that unfairly affected those suffering a disability. Like far too many employers, the company seemed to be under the impression that applicants and workers had to be 100 percent capable of performing every job function as-is (without accommodation or restriction), and that employees need not be extended further consideration if they had run out of FMLA and sick leave time. This is not true.

As our Los Angeles disability discrimination lawyers can explain, such policies violate federal law – specifically the Americans with Disabilities Act. Continue reading

Even though there have been significant strides in cancer awareness, treatment and survivor rates, people with cancer still experience barriers to equal workplace opportunities. Employees too often face California disability discrimination due to misconceptions about their ability to work during and after receiving cancer treatment. disability discrimination attorneys

Yet another example of this was recently reported by The Fresno Bee, which detailed the story of a Tulare woman who is suing her former employer, a ranch and beef company, for allegedly firing her after she took medical leave while undergoing chemotherapy. She had worked at the company for two decades and had been diagnosed with breast cancer.

As our Los Angeles disability discrimination lawyers understand it, plaintiff is alleging a range of civil rights violations under the California Fair Employment and Housing Act, breaches of the state’s Unfair Business Practices Act and wrongful termination. Continue reading

A worker who was incessantly mocked and harassed by co-workers for her deafness and speech difficulties at his job at a national retail chain has won a $100,000 disability discrimination lawsuit against his employer.disability discrimination lawyer

According to the Equal Employment Opportunity Commission, the West Virginia retail worker was frequently the subject of unkind jokes pertaining to her manner of speech and the fact that she could not hear. Co-workers often used terms that would be considered highly offensive. The employee mad her bosses aware of the harassment, but the EEOC said management failed to take any action.

What’s more, the EEOC said the company declined to promote her due to her disabilities and in retaliation for her reporting of the harassment. Management reportedly even went so far as to discriminate against a non-disabled department manager, due to her association with the employee in question as well as the manger’s attempts to protect her from harassment of the other employees. Continue reading

With a developmental disability, visual impairment and deafness, he employed for 16 years as a cart pusher at a retail giant. Now, he’s been awarded $5.2 million in an employment disability discrimination lawsuit.employment disability discrimination

As our Orange County disability discrimination attorneys understand it, the man had been receiving a number of workplace accommodations pursuant to the Americans with Disabilities Act, which allowed him to be successful in his role. One of those accommodations was a job coach, paid for by federal disability funding.

His condition had not changed. What did change, The Associated Press, was that new manager came on-board. According to the complaint in EEOC v. Wal-Mart Stores, Inc. and Wal-Mart Stores East, LP, within just a month of the new manager taking charge, the worker was suspended and forced to resubmit the medical paperwork that allowed him access to reasonable accommodations. Continue reading

People diagnosed with autism spectrum disorder (ASD) can make excellent employees. However, many are denied opportunities – for a job, for advancement, for benefits and more. Disability discrimination is all too often a daily occurrence for those with ASD, especially because the spectrum is so broad and the condition still not well understood.disability discrimination lawyer

The U.S. Centers for Disease Control and Prevention reports an estimated 1 in 59 children in the U.S. are diagnosed with autism annually, a figure that has steadily increased in recent years.

As our Los Angeles workplace disability discrimination attorneys can explain, the Americans with Disabilities Act, as well as the Rehabilitation Act of 1973, ban disability-based discrimination in employment.

Discrimination is understood to mean that a qualified job applicant or employee is treated unfavorably by a job applicant because of his or her disability. Continue reading

A long-running legal battle between the Los Angeles times and one of its sports writers concluded recently when a jury in Los Angeles was awarded more than $15 million in damages for age discrimination and disability discrimination. The claim was first filed six years ago, according to The Washington Post.age discrimination lawyer Los Angeles

Plaintiff, a sports reporter for the Times, suffered a small stroke while covering a spring training in Arizona. He was also later diagnosed with chronic migraines. After this, the newspaper slashed his three-times-a-week column down to two. The reasoning given by the newspaper was that the columns were not well-written and resulted in a poor reflection on the newspaper. The columns he did produce were subsequently more heavily scrutinized than ever.

A few months later, he was suspended, demoted to reporter and resigned – all over a video surfaced that the Times asserted showed a conflict of interest. Plaintiff argued he never had a business relationship with the producer. Plaintiff then went to work for a competitor newspaper before filing his lawsuit, alleging he’d been the victim of workplace age discrimination and disability discrimination. Continue reading

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