Articles Tagged with disability discrimination

The City of Huntington Beach has paid $2.5 million total to settle claims of disability and age discrimination allegedly perpetrated in part by the city attorney. The payout comes after the city paid $1.5 million fighting the claims. Los Angeles age discrimination lawyer

According to The Orange County Register, two former employees allege the city’s former and current senior deputy city attorneys made numerous efforts to force them and other older workers out of their employment roles.

The case had been pending for two years, and council members, who had to approve the legal fees, insist the case has always been without merit, which is why they pushed the outside lawyers to prepare for trial rather than try to settle. Ultimately, though, they chose to settle with one claimant for $1 million and another for $1.5 million. Continue Reading ›

Both California and federal laws protect employees and prospective employees from discrimination on the basis of disability or perceived disability. This was at issue recently in a case before the U.S. Court of Appeals for the Third Circuit, where a prospective police officer’s job offer was rescinded after a mental fitness test in which he revealed his diagnosis of ADHD. disability discrimination

As the court noted in its precedential decision in Gibbs v. City of Pittsburg, government agencies have the right to ensure their police officers are mentally fit. However, they are not allowed to use psychological testing as a cover for disability discrimination.

Our Los Angeles disability discrimination lawyers can explain that California has some of the best employment law protections for workers with disabilities, actual or perceived. Employers are required to evaluate job applicants regardless of their actual or perceived disabilities. They can require medical or psychological exams – but only if they routinely apply them for all prospective hires.

Police departments do routinely test officer candidates for both physical and mental fitness. The Bureau of Justice Statistics estimates that between 72 percent and 98 percent of police agencies require psychological evaluations of police officer candidates, and many states have statutory and regulatory requirements for psychological testing of public safety job applicants. But it’s imperative that they follow the letter of the law when doing so. Continue Reading ›

Employers would be wise to carefully comb through their online job solicitations to ensure they are accessible to those who are visually impaired or blind. This is true even if you aren’t primarily operating in California. Failure to do so could result in significant financial damages, as well as loss of customers and a stain on their reputation. This was underscored recently in a California disability employment lawsuit, Thurston v. Fairfield Collectibles of Georgia, LLC, filed by a California resident against a Georgia company.disability discrimination employment

According to court records, plaintiff was blind and a resident of California. She sued the business for not providing her with full and equal access to its website, which she claimed was in violation of the state’s disability discrimination law. Specifically, she alleged a violation of the Unruh Civil Rights Act.

This does pertain specifically to employment law, but rather to the right to full and equal accommodations, advantages, facilities, privileges and services in all business establishments of any kind whatsoever. Discrimination on the basis of gender, race, color, religion, ancestry, national origin, disability, medical condition, genetic discrimination, marital status, sexual orientation, citizenship, primary language or immigration status. The UCRA further indicates that any violation outlined in the Americans with Disabilities Act (ADA) is also a violation of the UCRA. Continue Reading ›

Going up against a large employer when you’ve been discriminated against can be daunting, especially when your condition arises from a work-related injury. An experienced Los Angeles employment lawyer can help guide you through the process of seeking justice and fair compensation.disability discrimination

Recently, the U.S. Court of Appeals for the Ninth Circuit (which has jurisdiction over California) reinstated an FMLA  and disability discrimination lawsuit filed by a Nevada woman against a large box chain retailer employer.

The case of Hazelett v. Wal-Mart Stores, Inc. began with a work injury. Plaintiff worked as an order-filler at one of the store’s distribution centers near her home when she injured her foot on-the-job. She filed for workers’ compensation and later, a leave of absence. During her work-related disability, the store offered her a temporary alternate duty assignment. The form for that assignment indicated that if she refused that assignment, her disability benefits could be suspended or denied due to noncompliance. However, the reassignment they offered was a far distance from her home and required her to work into the wee hours of the morning. Meanwhile, her work injury was such that she could not drive. No public transportation would be available to take her home after her shift, unless she paid for a taxi, which she couldn’t afford. She called out sick each day she was absent, thinking they were excused, as they were all related to her workers’ compensation injury. Yet on the day she filed for leave under the U.S. Family and Medical Leave Act, she was fired for excessive absences.

(FMLA is a federal law allowing up to 12 weeks of protected, unpaid leave in a 12-month period for the birth of a child/placement of adoption, care of a spouse/child/parent who has a serious health condition or a serious health condition rendering employee unable to perform the essential functions of his/her job.)

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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 ›

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 ›

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 ›

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