Nobody chooses to have a physical disability, but unfortunately, disabilities are a part of life for millions of people throughout the nation. A disability can affect a person’s life in many ways, including his or her employment. In these cases, it is very important to understand who is protected from unlawful discrimination. If you believe you have been subjected to unlawful discrimination in the workplace, obtain proficient legal counsel right away. Southern California’s premier employment law attorneys at SANFORD A. KASSEL, A Professional Law Corporation can help.
The employment law attorneys at SANFORD A. KASSEL, A Professional Law Corporation have more than 50 years of dedicated experience representing clients who have faced workplace discrimination and harassment. If you believe you have a discrimination case, consider obtaining the trustworthy legal support of SANFORD A. KASSEL, A Professional Law Corporation. Complete the confidential contact form or call (909) 884-6451 to schedule a free consultation today.
What is Disability Discrimination?
Disability discrimination is the inappropriate treatment of a worker or applicant based on his or her physical and/or mental impairment. The State of California prohibits employers that have five or more workers from discrimination on the basis of a worker’s:
- Mental incapacity,
- Physical disability,
- Genetic conditions, and
- Medical conditions
In order to qualify for protection, workers will need to be able to perform essential job functions. When a worker requires accommodations to do the job, the employer must legally provide these accommodations unless it is too expensive or significantly difficult to do so.
Workers Eligible for Protection
The following parties are eligible for protection from disability discrimination:
1. Employees
State law makes it illegal for an employer to discriminate against “any individual” in the employment context to be discriminated against. Based on this law, this includes current workers as well as those seeking to be hired by the company.
Employees are identified as those who are under the direction and/or control of a company supervisor. To qualify, workers must have been paid or must have an employment agreement. These agreements can be in the form of implied agreements, apprenticeships, or a form of work appointments.
2. Applicants
The state’s anti-discrimination laws also apply to those who are applying to work for the establishment. Therefore, applicants are also entitled to be free from unlawful discrimination based on their disabilities.
It is unlawful for employers to refuse to train a potential worker or outright refuse to hire the worker based on his or her disability.
3. Independent Contractors
It is important to note that independent contractors are not legally considered employees and are therefore not entitled to protection from unlawful discrimination. With that said, independent contractors are entitled to be free from disability-related harassment from their employer.
Schedule a Free Consultation With a Knowledgeable Employment Law Attorney Today
Workers do not choose to be disabled, and it is unfortunate (and illegal) when they are discriminated against in their place of work. If you have faced workplace discrimination or harassment, contact a skilled attorney who can advocate on your behalf.
The proficient employment law attorneys at SANFORD A. KASSEL, A Professional Law Corporation are exceptionally knowledgeable in California’s anti-discrimination laws and the firm has extensive experience handling workplace discrimination cases. The law regarding discrimination can be very complex, and not many cases are straightforward. Still, affected workers should know that there are laws in place that work to protect them from certain types of workplace discrimination, which includes discrimination and harassment based on disability. When facing discrimination at work, consider discussing your case with SANFORD A. KASSEL, A Professional Law Corporation. Call (909) 884-6451 or complete the confidential contact form here.
