Disability Discrimination and Disability Harassment
The Federal Americans with Disabilities Act (ADA) and California law prohibit workplace discrimination due to disability. If you think that your employer has discriminated against you or is harassing you because of a disability, or if they have failed to accommodate for your disability, you must get in touch with an experienced disability discrimination and disability harassment attorney at The Nourmand Law Firm. We will fight for your rights and help you file – and win – a lawsuit against your employer.
Failure to Accommodate
Many disabled workers in California are already dealing with the stresses of living with a disability and struggling with many challenges. It is illegal for an employer to refuse to accommodate for your disability. Employers are required by law to make appropriate modifications to your workplace environment and accommodate for your disability.
The Nourmand Law Firm has several years of experience handling disability discrimination and disability harassment situations, and will aggressively fight for your rights. If you think your employer is guilty of failure to accommodate, we will evaluate your case and protect your rights during the lawsuit against your employer. Contact us today for your free consultation.
Signs of Disability Discrimination and Disability Harassment in the Workplace
Some of the common signs of disability discrimination and disability harassment in the workplace include:
- Failure to make reasonable accommodations for your disability
- Failure to provide time off for doctor visits or cancer treatments
- Retaliation after you have insisted on your rights under California and federal law
- Termination based on your disability or medical condition
- Demotion based on your disability or medical condition
- Discrimination because of a perceived disability
- Forcing you to work despite medical restrictions
- Discrimination based on a disability plus other factors, such as age, race, pregnancy or sex
- Punishment because of a perceived or real disability, or cancer
Many people who are dealing with the effects of cancer, amputation, paralysis, organ damage, chronic illness, degenerative diseases and blindness are vulnerable to disability discrimination and disability harassment. Those who are returning from disability leave after receiving worker’s compensation, family medical leave, California family rights act leave or maternity leave may also be discriminated against in the workplace.
In all of these situations, it’s critical that you contact an experienced disability discrimination attorney from The Nourmand Law Firm who will protect your rights throughout the litigation process, and ensure you receive the appropriate compensation you deserve.
Definition of a Disability
A disability can be any injury which prevents the employee from working for some period of time including but limited to the following:
- Shoulder injury
- Foot injury
- Neck injury
- Leg injury
- Back injury
- Hand injury
- Eye injury
- Wrist injury
- Jaw injury
- Hip injury
- Ankle injury
- Severe migraine headaches
Any injury which requires surgeries, including but not limited to the following:
- Head surgery
- Eye surgery
- Neck surgery
- Hand surgery
- Shoulder surgery
- Back surgery
- Foot surgery
Any type of disease or disability that the employee has including but not limited to the following:
- Anemia, sickle cell
- Polycystic kidney
- Tuberculous sclerosis
- Huntington disease
- Spinal muscular atrophy
- Cystic fibrosis
- Lung carcinoma
- Parkinson disease
- Cerebral Palsy
- Cancer, including but not limited to breast cancer, ovarian, lung, colon, malignant melanoma, pancreatic and prostate cancer
Any type of mental disability or disorder the employee has including but not limited to the following:
- Chronic depression
Failure to Engage in the Interactive Process
Under the California Fair Employment Housing Act, employers must reasonably accommodate for employees with disabilities, and this process has been termed an “interactive process.” The employer is responsible for doing the following:
- Analyzing the position and job description and identifying its purpose and essential functions
- Work with the employee with the disability to identify any barriers that exist for the employee because of their disability. This analysis must include a thorough review of all limitations and tasks that may not be easy to complete because of the employee’s disability.
- Identify the types of accommodations required so that the employee can perform required tasks
Employers are also required to explore accommodation options in good faith – they must be looking out for the best interests of the employee so that they can perform their job effectively. They must also communicate directly with the employee, and neither side is permitted to delay or obstruct this process. Employers must be cooperative and be proactive in identifying barriers to job performance. Failure to engage in these activities may be grounds for failure to engage in the interactive process.
If you believe your employer has violated your rights and you are a victim of disability discrimination and disability harassment, you must contact The Nourmand Law Firm today! We will evaluate your case and help you file and win lawsuit against your employer.
Contact the pregnancy harassment and disability discrimination and disability harassment lawyers at The Nourmand Law Firm today!