Campbell Disability Discrimination Lawyer
Disabled Americans struggle to find employment throughout the United States. Unemployment rates among these individuals are far lower than the average. Many Americans who have disabilities are perfectly capable of performing their jobs, yet they suffer discrimination based on misconceptions about their abilities. Federal law and California law have provisions preventing employers from discriminating against people with disabilities. To assert your rights, you must know what they are. Learning how the law protects you will help you be an empowered employee and demand fair treatment in the workplace. If you believe your employer discriminated against you, contact the Costanza Law Firm to speak with one of our dedicated Campbell disability discrimination lawyers today. Call 408-993-8493 to schedule a consultation.
Disabilities in Campbell, California
Disabilities come in many forms. Physical disabilities, such as mobility disabilities, are some of the most common forms of disabilities suffered by Americans. Mobility disabilities can make it difficult for a person to walk or climb stairs. Other disabilities may impact an individual’s hearing, vision, or cognition. The Americans with Disabilities Act states that individuals with mental and physical impairments that substantially limit at least one of their major life activities cannot be discriminated against by their employers. The Fair Employment and Housing Act in California also prohibits discrimination against disabled workers.
Disability Discrimination in Campbell, California
Facing discrimination is a frustrating prospect for many individuals. Knowing that you can do a job but that your employer will not let you because of a bias can be emotionally draining. Not every action taken by your employer amounts to discrimination. For an action to be considered discrimination, it must substantially impact the employee’s job status. Decisions regarding hiring, firing, promotions, demotions, bonuses, and raises may all qualify under the law. If your employer fires you because they do not wish to provide accommodations, that could be a form of discrimination.
Additionally, if you apply for a job and are not granted the position because of your disability, that is a form of discrimination. Employers will often claim in their defense that you will not be able to perform the job task due to your disability. In many cases, your employer will have to find accommodation for you rather than terminating your employment or not offering you a position. If you believe your employer discriminated against you in your place of work, contact a Campbell, California employment law attorney today.
Accommodations in Campbell, California
In Campbell, California, your employer has to provide you with reasonable accommodations that will allow you to perform your job-related tasks and that will mitigate the impact of your disability. However, such accommodations are not required in every case. The accommodations must be reasonable and cannot create an undue hardship on the employer. For instance, if you work for a very small company and accommodations would be extremely costly, then those accommodations might not be a reasonable request for that employer. However, if your accommodations come at minor or modest costs and the company can easily absorb those expenses, you might have a case that the accommodations are reasonable. It is a good idea to work with your employer to develop strategies for improving your ability to perform your job-related tasks. Employers can find accommodations in many ways, including changing office spaces or altering job tasks that can be carried out without much of a burden for the employer. Currently, as a result of the COVID-19 pandemic, many workers have found that they can perform their jobs remotely. Such accommodation can be beneficial for workers with disabilities who struggle to commute, especially on public transportation. If you believe your employer is failing to accommodate you at work or discriminated against you based on your disability, contact a Campbell, California, employment law attorney today.
Filing Claims for Disability Discrimination in Campbell, California
If you are facing discrimination at your place of work, you may be able to file a claim based on federal law or state law in California. A federal claim will first start with the Equal Employment Opportunity Commission (EEOC), which oversees fair employment standards. In some scenarios, the EEOC will file a claim against an employer who wrongfully discriminates against an employee. In many other cases, the EEOC will send the employee a letter stating that they can move ahead with a lawsuit against the employer. California’s system works similarly, and the employee must file a claim with the Department of Fair Employment and Housing (DFEH) in order to start the process. If the DFEH believes that you have a claim, they will issue a right to sue letter. The process can be complicated and challenging to navigate, but your attorney will guide you. Contact a Campbell, California, employment law attorney to learn more about your legal options.
Call the Costanzo Law Firm Today for Help With Disability Discrimination Claims in Campbell
At the Costanza Law Firm, our attorneys represent the hard-working people of Campbell, California, when they suffer discrimination at work based on a real or perceived disability. Call us at 408-993-8493 to speak to a dedicated and compassionate employment law attorney. We can help you fight to protect your legal rights.
