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. 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.
If you have sustained a debilitating injury and your employer refuses to accommodate the temporary or permanent debilitation, it is critical to seek the legal support of a well-versed employment law attorney. Claims filed for disability discrimination are extremely time sensitive. Consider contacting the support of a highly experienced law firm for more information.
Americans With Disabilities Act Violations as it Relates to Workers’ 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:
- Denying a worker return to work until the worker can obtain a full-duty release from the applicable workers’ comp physician. By doing so, the employer is denying to negotiate with the worker for reasonable accommodation, which is required under the Americans with Disabilities Act.
- Firing a worker who was disabled and receiving workers’ compensation benefits instead of placing a reasonable accommodation in order.
- Making reasonable accommodations for some workers who were injured while on the job but denying to accommodate others who sustained the same injury while off the job.
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:
- Employers need to provide reasonable accommodations for applicants and workers who, as a result of a disability, are unable to perform essential functions of the job.
- Employers need to engage in a good faith and timely interactive process with applicants or workers in need of a reasonable accommodation.
Obtain Skillful Legal Representation from a Disability Discrimination Lawyer
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.
If you or someone you love is facing discrimination in the workplace because of a disability, it is important to know that there are state and federal laws that protect workers against this form of discrimination. Claims made for disability discrimination are time sensitive. Shortly after the incident, consider speaking to a well-versed attorney who can help you build a strong case against your employer. As an affected worker, you may be eligible for compensation that includes the loss of pay.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation are highly skilled in representing victims of disability discrimination in the workplace. Moreover, the law firm has a strong reputation for helping victims of workplace discrimination obtain the compensation they deserve. If you or someone you know has suffered financial losses as a result of workplace discrimination, consider contacting the firm today for a free case evaluation.
