In the state of California, it is illegal to harass or discriminate against an employee based on a real or perceived disability. Furthermore, employers must accommodate disabled individuals to a reasonable degree. Consider contacting L.A. Disability Discrimination Lawyers if you feel as though these anti-discrimination laws have been violated in any way.
Under California law, protected individuals include anyone who suffers from mental or physical disabilities. The protections also extend to both existing employees of the organization or job applicants. Examples of discriminatory behavior include denial of promotions, refusal to hire, or certain employment inquiries, such as directly asking whether an employee has a mental or physical disability. If, however, it is found that an individual can’t perform “essential functions” of the job, it is not considered discrimination.
With respect to any business with five or more employees, California laws offer more protection than federal law. In order to file a formal complaint against the company, you must file with the Department of Fair Employment and Housing (DFEH) within one year of the incident.
DFEH acts as a fact finder to help resolve claims of discrimination. If DFEH feels that there is enough evidence of discrimination, the next step would be a public hearing. Possible actions that the Commission may take include: Fines for emotional distress; requiring the company to hire the applicant, re-hire the former employee; awarding back pay; and ordering the company to change its policies.
If DFEH has issued a right-to-sue letter, the individual who was discriminated against can choose to pursue a private lawsuit.
Disabled workers in California have protections against discrimination. If you think that you have been discriminated against, and would like to learn more about your legal rights, make your first call to Samuel G. Jackson, Jr. and our team at Jackson and Associates. We’ve been fighting for the rights of wronged individuals since 1988.