Living with a disability is difficult. Basic tasks like dressing or commuting to work can be much harder. That doesn’t mean that you are any less qualified for your job than non-disabled co-workers. All too often, however, employers choose to discriminate against workers who have disabilities. This discrimination can take many forms. In some cases, an employer will simply choose not to hire someone with visible disabilities after learning about them. In other cases, an employer may intentionally pay a disabled worker less for the same job when compared with other coworkers.
Sometimes, workers acquire disabilities during the course of ongoing employment. Your disability could be the result of an accident, a degenerative medical condition or some other acquired medical issue. Your employer may refuse to offer reasonable accommodations, such as accessibility ramps, special devices for those with hearing or visual disabilities or other necessary changes that allow you to continue to perform your job. If you’ve experienced any of these forms of disability discrimination, you need to speak with an experienced California employment law attorney as soon as possible.
Title I of the Americans with Disabilities Act (ADA) requires private employers with 15 or more employees to treat disabled workers the same as any other applicant or employee. The same law also applies to local or state governments, labor unions and employment agencies. Employers should provide reasonable accommodations to allow disabled workers to perform a job. Failing to do so is a violation of the ADA. Many employers may refuse to accommodate disabled employees, hoping to push them into leaving a position. This kind of discrimination needs to be fought with an attorney.
It is also illegal to discriminate during hiring, job termination, and layoffs. Your disability should not impact your pay, your ability to get a pay increase, your training or your advancement within an organization. If you have reason to believe that you are experiencing discrimination while working or when denied for positions you are qualified for, you need the help of an experienced California employment law attorney. Your attorney can review the details of your case, help you gather evidence and document your experience and negotiate with your employer for more appropriate treatment.
You may not want to seem litigious, but if your employer refuses to accommodate your medical needs, you need to take action. This kind of discrimination could affect many others in the future as well. For some companies, only financial penalties can motivate them to comply with the laws that protect disabled workers from discrimination. Your attorney can help you ensure that you’re treated fairly and fight not just for you, but all future disabled employees who work for your employer.