Los Angeles Disability Discrimination Lawyer
Is your employer discriminating against you for a disability?
At Martinian & Associates INC., our job as
Los Angeles employment attorneys is to protect employees in the greater Los Angeles area from various types
of discrimination that are illegal. One of those types of illegal discrimination
is discrimination because of a disability.
What constitutes disability discrimination?
Disability discrimination is when an employer, supervisor or coworker discriminates
against or harasses an employee because of a disability, in violation
of the Americans with Disabilities Act and/or the Rehabilitation Act.
If your employer is a covered employee under one or both of these acts,
then it is illegal for them to mistreat a disabled employee or a disabled
person applying for a job. It also prevents discrimination or mistreatment
of employees who have a history of disability or impairment.
Employers covered under either of these acts are also required by law to
accommodate their disabled employees, unless doing so would create an
undue financial hardship. For example, if an employee is wheelchair-bound,
the employer is required by law to provide an alternative to stairs such
as ramps or an elevator. Failure to accommodate disabled employees when
the employer has every means to do so can constitute disability discrimination.
Other things that might qualify include:
- Refusing to hire an employee because of their disability (or history of
disability) provided that said disability would not impede the individual
from performing their job duties.
- Firing an employee because they are injured on the job and require disability leave.
- Reducing an employee's salary because the employer found out of the
employee's history of disability and/or illness.
What Is and What Isn't Considered a "Disability"
According to the EEOC, "Not everyone with a medical condition is protected
by the law." For example, if an individual is disabled but also not
qualified for a certain job position, it would not be against the law
for the employer not to hire this individual. There are also certain medical
conditions that do not qualify as "disabilities." There are only
three ways an individual can prove a disability:
- If an individual has a physical or mental condition that prohibits them
from performing average, everyday tasks such as walking, talking, learning, etc.
- If an individual can prove that they have a history of disability, such
as an illness or injury that may come back in the future.
- If an individual can prove they have a physical or mental condition that
is permanent (occurring for at least six months) and relatively major.
Americans with Disabilities Act and Rehabilitation Act
The Americans with Disabilities Act (ADA) was signed into law in 1990 and
makes it illegal for employers, supervisors and coworkers to discriminate
against an employee or potential hire because of a disability. The Rehabilitation
Act provides services such as vocational rehabilitation, supported employment
and other assistance to employees with disabilities. In most cases, employees
are covered by one of these anti-disability discrimination acts.
Call a Los Angeles Employment Attorney
If you or someone you love is being discriminated against because of a
disability or history of disability, then you may be entitled to file
an employee claim against your employer for violation of anti-disability
discrimination laws. The Los Angeles employment law attorneys at Martinian
& Associates INC. are here for you to guide you through the legal
process to a successful resolution. Call today for your free case evaluation!