San Diego Disability Discrimination Attorney

Disability discrimination isn't legal, but it happens often. If you've experienced disability discrimination in San Diego, let us help you today.

Disability Discrimination In San Diego

None of us expect to experience discrimination and harassment, but unfortunately it does happen. When you receive unlawful treatment from an employer due to a disability or due to a loved one's disability, it can affect all aspects of your life. Fortunately, the experienced lawyers at Walker Law are here to help. If you live in the San Diego area, the disability attorneys at Walker Law can assist you with your claim so that you can get the compensation that you deserve.

How We Approach Disability Discrimination Cases In San Diego

Disability discrimination occurs when a qualified employee, applicant, or individual has received unfavorable treatment because he or she has a disability. Sometimes employers discriminate outright during the hiring process. In other cases, it make take years or a specific event for the employer to display discriminatory attitudes or fail to make reasonable accommodations for your disability.

At Walker Law, our team of lawyers is extremely knowledgeable about both state and federal disability laws and we know exactly what to do to look after you rights. The Americans with Disabilities Act requires employers or other entities covered under the law to provide reasonable accommodation to people with disabilities. The law also protects people from discrimination who have a relationship with a person who has a disability, even if the individual who has been discriminated against is not disabled.

If you have experienced discrimination, get legal assistance right away. Our attorneys will advise you on what to do next in order to protect your rights and to help you to pursue compensation for your injuries.

San Diego Disability Discrimination Claims We Handle

We provide a free case evaluation and can help with all disability discrimination claims in the San Diego area, including:
  • Refusal to engage in an interactive process to determine reasonable accommodations for your disability
  • Being ordered to work certain hours or perform tasks that are in violation of your medical restrictions
  • Failure to accommodate medical leave
  • Retaliation by the employer for asserting your rights under California law or the Americans With Disabilities Act (ADA)
  • Retaliation by the employer for use of the Family and Medical Leave Act (FMLA)
  • Retaliation for filing a workers’ compensation claim as a result of a work injury
If you believe that you or a family member has faced discrimination due to a disability, then you should speak with a lawyer as soon as possible. The faster we are able to act on your claim, the better your chances are of receiving compensation from the responsible parties. If you need support, assistance, or guidance with any disability discrimination in the San Diego area, do not hesitate to contact us.

Frequently Asked Questions About Disability Discrimination In San Diego

Disability discrimination at work in San Diego is complicated. There are local, state, and federal laws that can impact you. Below are frequently asked questions about disability discrimination to help you.

What is disability discrimination, or disability harassment?

Disability discrimination is where an individual or individuals are treated differently in employment due to:

  • Their disability
  • Perceived disability
  • Association with a disabled person

California law prohibits any employer with 5 or more employees from discriminating against an employee’s:

  • Physical disability
  • Mental disability
  • Medical condition
  • Genetic condition

Laws protecting individuals with disabilities relate to many different areas of employment, including: recruitment, firing, hiring, training, job assignments, promotions, pay, benefits, lay off, leave and all other employment-related activities

Individuals in California are protected under the California Fair Employment and Housing Act (FEHA), which requires all employers take reasonable steps to prevent harassment from occurring.

What are some examples of disability discrimination in San Diego?

Some examples of disability discrimination in employment include:

  • Harassment due to an employee’s disability
  • Offensive remarks about an employee’s disability (this can constitute harassment if the comments are severe and frequent enough to lead to a hostile workplace)
  • Requiring a job applicant to take a medical exam
  • Asking job applicants about their previous or current medical conditions
  • Creating or maintaining a workplace where there are substantial physical barriers to the movement of people with physical disabilities
  • Refusing to offer reasonable accommodation for employees with physical or mental disability that would otherwise allow them to work

Which federal law(s) cover people with disabilities in San Diego?

The Americans with Disabilities Amendments Act of 2010 (42 U.S.C. 12101 et seq.)

The ADA establishes in law that private employers, state and local governments, employment agencies, and labor unions must not discriminate against individuals with disabilities, who are qualified for a role, from discriminating during job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment.

The Rehabilitation Act of 1973 (29 U.S.C. 701)

The Rehabilitation Act relates specifically relates to Federal agency-ran programs, Federal employment and Federal contractor conduct. The specifics for which are identical to those as set out in the ADA.

While the ADA and the Rehabilitation Act are the two core Federal laws for employment discrimination, there are multiple primary Federal laws that also make it illegal to discriminate due to disability:

  • The Fair Housing Act – which prohibits discrimination in the sale, rental, and financing of housing based on disability, as well other minorities and protected classes
  • The Air Carrier Access Act of 1986 – which prohibits discrimination in air transportation
  • The Architectural Barriers Act of 1968 – which requires that any buildings and facilities, designed, constructed, altered, or leased using certain federal funds post- September 1969 must be accessible to and usable by persons with disabilities
  • The Individuals with Disabilities Education Act – which protects all students with disabilities, and enshrines in law that all children with disabilities should have access to free, appropriate public education

Who is considered disabled in San Diego under the law?

The ADA Amendments Act, defines a person with a “disability” as being an individual who:

  • Has a physical and/or a mental impairment that considerably limits one or more major life activities
  • Has an official record/medical history of such an impairment
  • Is regarded as having such an impairment

How will the disability definition be interpreted under the law?

In relation to the EEOC’s definition of disability, the ADA Amendments Act makes a particular point of disability having a broad definition; it revises parts of definitions of “substantially limits” and also expands upon the EEOC’s description of “major life activities” to incorporate:

  • Major life activities including those previously recognized under the law (e.g. walking and seeing), in addition to new activities, including: reading, bending and communicating
  • Major bodily functions including “functions of the immune system, normal cell growth, digestive, bowel, bladder, respiratory, neurological, brain, circulatory, endocrine and reproductive functions”

Which employers in San Diego are covered by the law?

Discrimination against employees with disabilities is illegal if it is perpetrated by:

  • Employment agencies
  • Labor organizations
  • State and local governments
  • Private employers
  • Labor-management committees

The ADA is applicable for all employers, which includes Federal, state and local government employers. Federal law states that the ADA applies to employers with 15 or more employees, however California law lowers this to 5 employees.

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