Posted on July 20, 2016 in Disability Discrimination
As a disabled individual, you have the legal right to be treated fairly in the workplace and when renting, buying or living in a property. However, sometimes employers and others discriminate against disabled individuals in ways that could jeopardize their health, safety or overall well-being.
To understand your rights, you should know how the law protects you. Here is what you should know about disability discrimination so that you can determine if you have a disability discrimination case in San Diego.
Disability discrimination occurs when a person with a disability is treated less favorably than a person that does not have a disability under the same or similar circumstances. The Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment of individuals in California with disabilities in any matter related to employment or housing.
The Americans With Disabilities Act (ADA) strictly prohibits employers from discriminating against job applicants, employees, or those who have a close relationship to an employee in all matters related to employment. These individuals also protected from retaliation when they opt to enforce their rights under the law in San Diego.
Here are the types of disability discrimination that are illegal under the ADA and FEHA:
The ADA explicitly forbids employers from discriminating when it comes to any aspects, terms or conditions of employment. These factors include hiring, termination, salary/wages, job tasks, promotions, training, benefits, and layoffs. The FEHA also states that it is an unlawful employment practice to ask questions about the applicant’s health or medical history.
The ADA requires that employers make reasonable accommodations for disabled employers. This means that it is unlawful to fail to make changes in the work environment that could help a disabled person apply for a job, perform the duties of a job, or enjoy the privileges and benefits that come along with employment.
Employers are prohibited under the law from failing to provide accommodations for the disabled individual simply because it causes undue hardship to the employer, such as increased costs.
While disability discrimination may be obvious in some cases, in others it may be more subtle. It is important for you to recognize disability discrimination so that you can successfully exercise your rights against an employer.
Here are the common ways in which disability discrimination occurs:
You should also note that the following reasons are not legally accepted explanations for disability discrimination:
Unfortunately, some people fail to follow the law. As a result, they open themselves and their businesses up to potential legal consequences. If you feel that someone has discriminated against you, you should know your rights. You should also make sure that you take action immediately to protect the value of your claim.
Here’s what you should do if you believe that you have a disability discrimination case:
If believe you or a loved one has been harmed due to disability discrimination, you should speak with a San Diego lawyer right away. Submit a contact form or call Walker Law at (619) 839-9978 to schedule your free consultation.