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What is considered disability discrimination in California?
While some cases of workplace disability discrimination may be obvious, others may be more subtle. Being fired or denied promotion because of a disability are forms of disability discrimination in California.
There are many other types of adverse employment actions that may be considered signs of disability discrimination. It is unlawful for an employer to use a person’s disability as grounds for:
- Changing work duties
- Giving negative performance reviews
- Exclusion from company meetings and events
- Reducing hours or pay
- Denying medical leave
- Refusing to hire a job applicant
- Asking about a medical condition during a job interview
- Harassing or making fun of them
- Imposing restrictions on the terms and conditions of employment
- Terminating them even though they can perform their job duties
- Retaliating against them for requesting reasonable accommodations.
Remember that not all negative actions taken against a disabled employee may always be considered unlawful discrimination. For example, a worker may be denied a promotion, not due to their disability but because another employee was more qualified for the position.
Under California law, employers are required to offer reasonable accommodations to workers with disabilities unless doing so would pose an undue hardship. Reasonable accommodations allow employees to continue working with certain adjustments to the work environment. Denying an employee’s request for a reasonable accommodation or refusing to discuss solutions in an interactive process may be considered disability discrimination.
Although there are laws to protect employees with disabilities, many employers continue to engage in discrimination. They may give false reasons to cover up their discriminatory practices.
A knowledgeable disability discrimination lawyer can help you determine whether the adverse employment action you experienced was based on your disability and a violation of the law. If you suspect you have suffered disability discrimination at work, contact the San Francisco employment attorneys at McCormack Law Firm. We can help you determine whether you have grounds for a disability discrimination claim against your employer.
Other Disability Discrimination FAQs:
- Are employers allowed to ask about disabilities during job interviews?
- My employer denied my request for reasonable accommodation of my disability. What should I do?
- What is considered disability discrimination in California?
- What is the interactive process for disabled employees?
- What should I do if I have experienced disability discrimination at work?
- What types of damages can I get in a disability discrimination lawsuit?
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This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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