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Disability Discrimination
Disabled workers are highly motivated, have excellent attendance records and make a positive impact on the people they work with. And yet, all too often, disability discrimination exists in the workplace.
Disability Discrimination Attorneys Serving The Disabled Across Southern California
There are multiple ways in which an employer can discriminate against an employee over his or her disability. Fortunately, there are laws that protect against discrimination in the workplace as it pertains to most aspects of a worker’s employment, hiring, firing, job assignment, pay rate, layoff, promotion, benefits, training, and other conditions of employment.
The Americans with Disabilities Act, commonly referred to as the ADA, requires that all employers offer reasonable accommodations to workers who have disabilities. It is important to know that the ADA as well as the California workers’ comp system are not mutually exclusive. Under California and Federal law, disabled employees are entitled to reasonable accommodations in the workplace.
Generally speaking, unless a specific accommodation is an “undue hardship” for the employer, the employer must make reasonable accommodations for disabled employees. As a practical matter, these laws require employers to provide modified devices or modified equipment so that handicapped employees can do their jobs. Their place of work should also be handicapped-accessible.
Even if a worker sustained his or her debilitating injury while at work and has received workers’ comp benefits, this does not mean that the employer is free from establishing a reasonable accommodation for the worker to continue his or her job tasks.
Americans With Disabilities Act Violations As It Relates To Worker's Compensation
Although most employers will accommodate workers who have a disability, there are others who will take a variety of unlawful actions that violate the Americans with Disabilities Act. Some employers may actually be unaware that they are in violation of the act. Common examples of an Americans with Disabilities Act violations include:
How FEHA Protects Against Disability Discrimination
Under State of California laws, the Fair Employment and Housing Act, or FEHA, works to protect disabled workers from being discriminated against in their workplace. For the most part, FEHA requires two things from employers:
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Holding Employers Responsible In Disability Discrimination Claims
When confronted with accusations of disability discrimination, employers are likely to vigorously deny the claim, even when there is strong evidence of discrimination. Most likely, employers will claim that any attempt at a reasonable accommodation would be an undue burden on them.
In order to overcome these or other obstacles, we will look closely at the facts of the case and the relevant statutes and case law to prove why the employer violated the law.
The Kassel’s skills, at all phases of the legal process, including trial, have benefited people across the State of California for nearly seven decades, dating back to 1957, when Philip Kassel opened his law practice in San Bernardino, California. Sanford A. Kassel and Gavin P. Kassel continue to uphold and expand upon a family tradition of nearly 70 years of exceptional legal service. Whether your case is settled or tried, we will do everything in our power to give your case the best chance of success, and bring you the maximum value of your claim.
Obtain Skillful Legal Representation from a Disability Discrimination Lawyer
Know your legal rights in the workplace. If you have reason to believe your employer is violating your legal rights, a knowledgeable lawyer can make a substantial difference. You don’t have to go it alone. Contact SANFORD A. KASSEL, A Professional Law Corporation, and ask to speak to one of our highly-trained and trusted Employment Law Attorneys. We can help you sort through the issues of this difficult situation, and advise you what the best course of action will be. Let us assist you with safeguarding your rights and achieving the justice you deserve.
From our offices based in San Bernardino, we have the legal team and resources to take on failure-to-accommodate claims for people throughout the State of California.