Los Gatos Disability Discrimination Lawyer
Millions of Americans have disabilities, but many of these individuals are perfectly capable of performing their jobs. According to data from the Centers for Disease Control and Prevention, about one in four Americans has some form of disability. Unemployment for disabled individuals is far higher than it is for non-disabled people in the United States. Sadly, many of these people are unemployed as a result of discrimination at the hands of employers. Employers may have false assumptions regarding the capabilities of disabled individuals or may not want to have to provide some form of accommodation. There are federal and California State laws prohibiting employers from discriminating against disabled individuals. Disabled Americans must understand what their rights are and what accommodations their employers must provide to them. Discrimination can be a frustrating scenario and can negatively impact a person’s livelihood and career. If you believe that you are facing discrimination at the hands of an employer, contact the Costanzo Law Firm today. Our employment law attorneys have experience representing disabled workers in Los Gatos, California. Call us at 408-993-8493 to learn how our dedicated Los Gatos disability discrimination lawyers can fight to protect your rights.
Disability Protections in Los Gatos
In Los Gatos, California, employees are protected by both the Americans with Disabilities Act as well as California State law. The ADA protects individuals who live with a physical or mental disability that creates substantial impairments in their ability to do at least one major life activity. California law has a similar statute protecting employees. The Fair Employment and Housing Act dictates that employers must provide reasonable accommodations to disabled employees as well as to people with certain forms of medical conditions.
Disability Discrimination in Los Gatos, California
In Los Gatos, California, employers are prohibited from discriminating against individuals who are part of a protected class. Federal law defines multiple protected classes, including not just disabilities but also race, ethnicity, sex, gender, age, pregnancy, and many others. California state law includes even more protections and also prohibits discrimination against disabled workers. Discrimination occurs when your employer makes important job-related decisions that negatively impact you based on your status as part of a protected class. For instance, in the case of disabilities, if your employer fires you as a result of your disability, or if a potential employer refuses to hire you because of a disability, that employer has likely discriminated against you. Other forms of discrimination may include failures to provide certain opportunities for moving up in a company, such as training or education. Also, discrimination may occur when an employee is denied a raise, promotion, or bonus as a result of their disability. Your employer is required to treat workers fairly and equitably, and if they fail to do so, they might be held liable for discrimination. In some situations, your employer may claim that you are unable to perform the job because of your disability.
However, employers are required to make certain accommodations to ensure that the employee can do their job. Those accommodations must be reasonable. If a small business is required to make an accommodation that costs far too much for that business to absorb, courts will be unlikely to find such accommodations reasonable. Accommodations may include moving an office space to make it more accessible, providing certain equipment that makes it easier for an employee to do his or her job, or changing certain job-related tasks to accommodate the individual’s disability. If the accommodations proposed will be far too burdensome or cause undue hardship for the employer, failing to provide such accommodations will not likely be considered discrimination. In many cases, employers are required to work with the disabled individual to come up with reasonable solutions that will help the employee better perform his or her job. If you believe your employer is failing to provide you with the accommodations you need to do your job or that they illegally discriminated against you in the workplace, contact a Los Gatos, California employment law attorney today.
What to Do if You Are Discriminated Against in Los Gatos, California
If you are facing discrimination at your workplace, you may wish to file a claim against your employer. The first step in filing a claim will be to decide whether you are pursuing it under federal law or state law. If you are filing a federal claim, you will be filing with the Equal Employment Opportunity Commission. The EEOC can take action against your employer, but more likely, they will issue a right to sue letter, which will allow you to pursue your case in court. A similar process is required under California law. The Department of Fair Employment and Housing oversees employment-related law and discrimination cases. First, you will file a claim with the DFEH, and that agency will then decide whether or not to issue a right to sue letter. As previously mentioned, in many cases, California law is more favorable to employees than is federal law. Certain claims may be possible in state court but would not be possible based on the federal statutes.
If you believe you were discriminated against, reach out to a Los Gatos, California, employment law attorney to discuss your options for pursuing a claim.
Call the Costanzo Law Firm Today for Help With Disability Discrimination in Los Gatos
At the Costanzo Law Firm, our attorneys work to represent employees in Los Gatos, California, who have faced discrimination in their place of work. We know how important it is for you to be treated fairly by your employer. Call us today at 408-993-8493 for a consultation with one of our dedicated and compassionate Los Gatos, California employment law attorneys.