Long Beach Disability Discrimination Lawyers
Even though there are both federal and state laws that prohibit discrimination in the workplace, it still happens too frequently. People with disabilities often face discrimination on a daily basis, both in and away from the workplace. Although it can sometimes be difficult to prove discrimination in a company’s practices, if you think you’ve been discriminated against due to a disability or perceived disability, you do have some legal recourse and should contact our office today.
Disability Anti-Discrimination Laws
Both the federal government and the state of California have laws that prohibit discrimination against people with disabilities or perceived disabilities. The laws protect those with disabilities from being discriminated against when applying for a job, during the hiring process, during an interview, while on the job and all other aspects of employment. Along with prohibiting discrimination in the workplace, these anti-discrimination laws also help ensure that those with disabilities have access to commercial facilities and transportation, they provide for public accommodations and they prohibit discrimination by state and local governments.
Under the federal Americans with Disabilities Act, or ADA, the law protects those with disabilities, a history of disability or those who are perceived to be disabled. A history of disability may include someone who has had a serious illness, such as cancer, who may not be currently disabled. An employer cannot base any job-related decisions based on that former disability. Similarly, if someone is perceived as being disabled, no job-related decisions can be made by an employer based on that perception.
The ADA, and California state law, under the California Fair Employment and Housing Act, FEHA, also mandates that employers must make reasonable accommodations for their disabled employees, as long as it doesn’t constitute a hardship for them. However, sometimes it can be difficult for employers to ascertain what constitutes a “reasonable accommodation.”
Under the laws, reasonable accommodations are defined as any adjustment or modification to a job, the environment an employee works in or in the way things are usually done so a qualified individual with a disability can enjoy an equal opportunity for employment. In addition, it also allows for modifications and adjustments to allow someone who is disabled to carry out the same job functions of those employees who do not have disabilities.
When an employer is asked to make an accommodation, they cannot deny the request because the employee didn’t offer a solution, the employer has to determine if a reasonable accommodation can be made for the employee. When the request is made, there are limitations on the types of questions they can ask the employee about their medical condition. In addition, they shouldn’t share the medical condition or accommodation information with anyone else as only a manager needs to be aware of the accommodation and whether it was approved.
Limitations to Disability Protection
Under federal law, not every business has to follow the ADA regulations. Small businesses that have less than 15 employees are exempt from following them. However, under California law, every business that has 5 or more employees has to follow the state’s regulations against disability discrimination. Employers who are unsure about whether they are following ADA or FEHA regulations correctly can seek the advice of a Long Beach disability discrimination lawyer to make sure they are incompliance with the laws.
Outside of Employment
Disability discrimination doesn’t only take place on the job, but people with disabilities may also be discriminated against when trying to rent a house or an apartment. They may also run across businesses that do not provide facilities, such as restrooms, for those with disabilities.
Along with employment issues regarding discrimination, a Long Beach disability discrimination lawyer can also help those with disabilities if they feel they are being discriminated against in regards to housing or in other situations. An attorney can help negotiate a resolution with an employer, a landlord or they may file a lawsuit to get compensation for their client.