Disability Discrimination

Disability discrimination can take many forms, from being passed over for a promotion or denied a simple accommodation to being fired after disclosing a diagnosis. California and federal law both prohibit this kind of treatment. The laws require employers to provide reasonable accommodations that help you do your job safely and effectively. When companies fail to fulfill these responsibilities, they can be held accountable for their actions.

Moon Law Group, PC, represents employees in disputes against their employers. We know the emotional and financial toll that discrimination takes, especially when you’re already managing a serious health condition. Since 2007, we’ve helped tens of thousands of employees throughout Los Angeles and California recover millions of dollars. That includes workers who were denied accommodations, wrongfully terminated, or retaliated against for speaking up about being discriminated against.

As one of the largest plaintiff’s employment law firms in California, Moon Law Group has the resources and legal knowledge to take on powerful companies and achieve successful outcomes. We regularly represent clients in both state and federal court and have extensive experience with class actions and collective actions.

Contact us today to speak with a Los Angeles disability discrimination lawyer at a free, confidential consultation. You pay nothing for us to begin working on your case, and there are no fees unless we successfully resolve your matter.

How Can a Los Angeles Disability Discrimination Lawyer Help with My Case?

A disability discrimination case often involves more than just showing that you were treated unfairly. You’ll need to prove the following:

• Your employer knew about your disability;
• You were qualified for the job; and
• The company either failed to accommodate you or took negative action because of your condition.

A Los Angeles disability discrimination attorney can help you gather the documentation you need to support your claim, from medical records to internal communications.

Your lawyer will also advise you on where and how to file your complaint. In many cases, you must first file with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) before you’re allowed to bring a lawsuit. An experienced attorney from Moon Law Group can handle that process for you, which includes managing important deadlines and responding to requests for more information from the agency or opposing counsel.

If your case moves forward, your lawyer will negotiate with your employer. We’re always prepared to take the case to court if necessary. That includes presenting evidence, cross-examining witnesses, and fighting for compensation on your behalf. If other employees have faced similar discrimination, your attorney may recommend a class or collective action. These lawsuits can increase pressure on your employer and lead to broader changes in company policy.

Moon Law Group handles every step with the strategy and persistence that each disability discrimination lawsuit demands. Reach out to us today for a free, no-obligation case evaluation.

What Is Disability Discrimination?

Disability discrimination happens when an employer treats a worker or job applicant unfavorably because of a physical or mental impairment. Both federal and California disability discrimination laws make this kind of treatment illegal. In other words, employers are not allowed to deny you opportunities or benefits based on the following:

• Your disability
• Your history of a disability
• Your employer’s perception that you’re disabled

There are two main types of disability discrimination. The first is disparate treatment, which involves such intentional actions as refusing to hire, promote, or fairly compensate someone because of their condition.

The second is failure to accommodate, which is when an employer refuses to make reasonable changes that would allow you to do your job. Your right to accommodations might include modifying your schedule, adjusting your duties, or approving a medical leave.

Discrimination can occur at any point in the employment process, including the following:

It also includes policies that disproportionately harm workers with disabilities, even if the policy appears neutral. If you’ve experienced discrimination at your workplace, an ADA attorney from Moon Law Group can help you take legal action. Contact us today to learn more about your rights and what we can do to protect them.

What Is the Right to Reasonable Accommodation?

Under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), employees with disabilities have the right to request reasonable accommodations. “Reasonable accommodations” means changes that help you to perform your job duties without placing an undue burden on your employer. These accommodations can take many forms, depending on the job and your needs.

Common examples include the following:

• Modified work schedules
• Ergonomic furniture or equipment
• Reassignment to a vacant position
• Job restructuring
• Medical leaves of absence

The goal is to support your ability to work without forcing you to choose between your health and your job.

Employers are legally required to engage in a timely, good-faith interactive process to determine whether accommodation is possible. That means they can’t ignore your request. They also can’t delay unnecessarily or refuse to consider options that allow you to keep working. If the accommodation would cause significant difficulty or expense, the employer could claim that it’s an “undue hardship.” However, they still have to explore alternative solutions and document their efforts.

What Are Examples of Disability Discrimination and Failure to Accommodate?

Unfortunately, many workers face discrimination when they request support. Examples of disability discrimination and failure to accommodate include the following:

• Firing someone after they disclose a diagnosis
• Refusing to adjust a workstation for an employee with mobility issues
• Denying or ignoring a doctor’s recommendation for a flexible schedule
• Relying on strict attendance policies to deny medical leave

These actions can also be used as grounds for a broader disability discrimination case. In some situations, failure to accommodate is followed by retaliation, which can include demotion, harassment, or termination, depending on the specific circumstances. An employer that punishes you for asserting your rights under the ADA or FEHA can be held accountable under both state and federal law, as both laws offer protection from retaliation.

What Are the State and Federal Disability Discrimination Laws?

Both California and federal law protect employees from discrimination based on a physical or mental disability, but the scope and coverage of those protections can differ.

Fair Employment and Housing Act (FEHA)

The FEHA is a California law that prohibits employers with five or more employees from discriminating against individuals with disabilities. FEHA defines “disability” broadly and covers many conditions that may not qualify as disabilities under federal law. It also requires employers to provide reasonable accommodations and to engage in a good-faith interactive process to identify appropriate workplace adjustments.

Americans with Disabilities Act (ADA)

The ADA is a federal law that applies to companies with 15 or more employees. The ADA prohibits discrimination in all aspects of employment and protects qualified workers with disabilities, just like FEHA.

Rehabilitation Act of 1973

If you work for a federal agency or a company that contracts with the federal government, the Rehabilitation Act of 1973 may also apply. It provides similar protections to the ADA. However, it applies specifically to federal employment settings.

Which Law Applies to Your Case?

One key difference between FEHA and the ADA is their definition of disability. FEHA protects a wider range of conditions and requires less medical evidence. It also allows for broader remedies, including unlimited emotional distress and punitive damages.

In many cases, your attorney may file claims under both FEHA and the ADA so you receive the full scope of available protections and remedies.

Who Is and Isn’t Covered by Disability Discrimination Laws?

Understanding who is covered is important. Under both FEHA and the ADA, you’re protected if any of the following applies:

• You have a physical or mental impairment that limits a major life activity. This includes walking, seeing, hearing, or concentrating.
• You have a documented history of the impairment.
• Your employer treats you as if you have a qualifying impairment, even if you don’t.

However, there are limits to coverage. The following are people who are not covered under disability discrimination laws:

• Workers who are currently using illegal drugs
• Employees who engage in workplace misconduct that isn’t connected to their disability
• People whose conditions don’t substantially limit their ability to perform major life activities

How Can I Prove Disability Discrimination?

Proving disability discrimination often requires showing that your employer took negative action because of your condition or failed to accommodate you when legally required to do so. In some cases, there may be direct evidence, such as offensive comments about your disability or written statements showing bias. More often, the case relies on circumstantial evidence. This might include being demoted or fired shortly after disclosing your condition or requesting accommodations.

Comparative evidence can also help. For example, if your non-disabled co-workers were treated better in similar situations, that contrast can support your claim. Medical records, emails, internal complaints to HR, and other documentation are also useful. Finally, witness testimony from colleagues may also strengthen your case.

When you meet with Moon Law Group, we will review your case and explain how to prove disability discrimination based on our assessment.

What Are the Remedies for Disability Discrimination or Inadequate Accommodation?

If you’ve faced disability discrimination or been denied a reasonable accommodation, you may be entitled to several types of damages under California’s FEHA and the federal ADA. These remedies can include back pay for lost wages, front pay if you’re unable to return to work, and compensatory damages for emotional distress. In cases where the employer acted with malice or reckless disregard, punitive damages may also be available.

You can also recover attorney’s fees and legal costs. In class or collective actions, courts may order remedies like changes to company policies.

How Long Do I Have to File a Disability Discrimination Claim?

The statute of limitations for filing a disability discrimination claim depends on whether you’re pursuing relief under California or federal law. In California, you generally have three years from the date of the discrimination to file a complaint with the Civil Rights Department (CRD).

Under the federal ADA, you must file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days. This is extended to 300 days if a state or local agency also enforces disability laws.

Contact a Los Angeles Disability Discrimination Attorney Today

If you believe you’ve faced discrimination at work due to your disability, Moon Law Group is here to help you hold your employer accountable. Based on your situation, you may be entitled to compensation for the financial and personal losses due to your employer’s actions.

Our lawyers represent workers in employment law matters in Los Angeles and throughout California. Contact us today for a free, confidential case review and discover how we can make a difference.