Los Angeles Disability Discrimination Lawyer

People working in the United States have several federal-level protections under various pieces of legislation, some of which are designed to provide protection to specific marginalized groups. The ADA (Americans with Disabilities Act) is one of the most important of these laws, and it exists to ensure that all Americans with disabling health conditions are still able to perform gainful work and are not subjected to discrimination on the basis of their medical status.

Unfortunately, disability discrimination continues to be a pervasive issue across the country, negatively impacting the lives of many disabled Americans in various ways. Some of these victims are unaware of the full breadth of the legal protections in place to protect them, others are worried about voicing their concerns or taking legal action against their employers, fearing reprisal that may include losing their jobs.If you or a family member recently lost your job, were denied medical leave, or experienced any form of mistreatment at work due to your medical status or disability, you likely have grounds for legal recourse against your employer. Finding the right attorney to represent your case is the first step in ensuring accountability for your experience.

DEFINING DISABILITY DISCRIMINATION IN LOS ANGELES

The ADA exists at the federal level to protect American workers with disabilities and serious medical conditions that interfere with their ability to work. Each state also has unique anti-discrimination laws, some of which apply to employees with medical conditions and disabilities. Under California law it is illegal for employers with 5 or more employees to terminate, discriminate, or retaliate against an employee because of their actual, perceived, or past history of a medical condition or disability. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Disability is defined very broadly under California’s Fair Employment and Housing Act (“FEHA”) and includes pretty much anything that would prevent someone from working or significantly affecting their daily activities even if short in duration. Conditions like a cold or sore throat do not apply, but most others do, including the flu and morning sickness.

Mental and psychological conditions are also protected, not just physical conditions. These include anxiety, depression, PTSD, etc.

Additional leave protections for disabled employees or those with medical needs (or those of their immediate family members) are available under California’s Family Rights Act (“CFRA”) as well as other Federal and state laws. For example, the FMLA typically allows for up to 12 weeks of unpaid medical leave, and this may be taken all at once or spread out over time. However, the CFRA provides more expansive protection to employees when it comes to medical leave.

BENEFITS OF WORKING WITH A LOS ANGELES DISABILITY DISCRIMINATION ATTORNEY

Hiring the right attorney for your disability discrimination claim in Los Angeles dramatically increases your chances of success in holding your employer accountable for the damage they’ve inflicted. Additionally, legal representation from an experienced Los Angeles disability discrimination attorney will make your case easier to manage, more efficient, and more likely to generate the best possible outcome.

The Shirazi Law Firm, PC, can provide the comprehensive legal counsel you need to navigate your case successfully. We have helped many clients through all types of discrimination cases, including those pertaining to disability discrimination and all types of medical and disability leave and accommodation violations.

We are experienced and aggressive employment attorneys in Los Angeles who take most cases on contingency—at no cost to you. If you or someone you know has been fired or mistreated because of their disability/medical condition or fired while on disability or pregnancy leave, please contact us at (310) 400-5891 for a free confidential case evaluation.

DO I HAVE A DISABILITY DISCRIMINATION CASE IN LOS ANGELES, CA?

Many people who experience harassment and discrimination at work may wonder how they can address these situations and end the abuse they face at work. If you have experienced any harassment from co-workers due to your medical status or disability, you have the right to demand your employer correct the situation immediately. However, if your immediate supervisor or any other leadership member of your organization is the one responsible for your mistreatment, it is understandable to be reasonably hesitant about taking legal action against them.

Medical Condition / Disability Discrimination cases typically fall into 4 types of categories:

• Failure to Provide Reasonable Accommodation. Employers in the United States are required to provide reasonable accommodations to employees with serious medical conditions and disabilities. As long as the accommodation an employee requires to perform their job does not create an undue burden on the employer, the employer is expected to make these accommodations. For example, an employee with a medical condition may require a modified work schedule to attend treatment appointments. An employee with a physical disability may require adjustments to their workspace to improve accessibility. Or just time off for medical leave.
• Wrongfully Terminated for Taking Too Much Medical or Family Leave. The Family Medical Leave Act, at the federal level, provides up to 12 weeks of unpaid medical leave, and an employer must ensure job security for the employee. The CFRA provides even more expansive protection at the state level, and it’s possible to have a specific medical leave arrangement approved that addresses the employee’s unique needs. California’s Fair Employment and Housing Act provides even more time for medical or disability leave. Leaves of up to 2 years have been upheld in certain situations as reasonable accommodations. If an employer fires an employee claiming they have taken “too much” medical leave or family leave, this is illegal, and it would also be illegal for them to fire the employee upon their return to work after completing their medical leave.
• Fired because of their disability/medical condition. As long as a disabled employee is able to complete their duties with reasonable accommodation, they are legally protected to remain in their position as long as they meet all applicable performance requirements and complete their duties. If an employee is fired because they develop a medical condition or disability, this amounts to a wrongful termination.
• Harassment Because of Medical Condition/Disability. No employee of any industry should face harassment in the workplace, especially on the basis of a medical condition or disability. If you have experienced any negative treatment or if a hostile work environment has developed around you, this constitutes illegal harassment and could form the basis of a civil suit against your employer.

We think it’s easier to explain these through the different cases that we have successfully handled. Click on the imagery or title to see some examples of how we successfully secured justice for our clients.

It’s important to remember that if you report your employer for disability discrimination to the Department of Fair Employment and Housing (DFEH) or Equal Employment Opportunity Commission (EEOC) and they fire you in response, this form of employer retaliation can lead to even harsher damages to the employer.

FILING A DISABILITY DISCRIMINATION SUIT IN LOS ANGELES

It may be daunting for you to imagine filing formal legal action against your employer, but doing so could not only potentially provide compensation for the damages you experienced but also prevent others from experiencing similar mistreatment in the future. Your attorney will be a crucial asset not only for ensuring your employer is held liable for their unethical and illegal mistreatment of their employees but also for securing the compensation you legally deserve.

The types of damages available are likely to include:

• Economic damages. If the employer illegally fired the employee, the employee is entitled to claim the wages and benefits they lost. It’s important to note that the FMLA and CFRA allow employees to take unpaid medical leave, so they cannot seek compensation for lost wages they would not have earned in the first place if their leave had been approved. However, if they are immediately fired after returning from leave, they would have the right to seek compensation for wages lost between the time of their firing and the time they filed their medical leave violation claim.
• Compensation for your emotional distress. It can be traumatic and emotionally distressing for anyone to face illegal discrimination at work, especially on the basis of a medical condition or disability they cannot help. Your Los Angeles disability discrimination attorney will be a crucial asset for maximizing this aspect of your recovery.
• Legal fees. The defendant in your claim can be held responsible for the legal fees you incurred by bringing your case against them. If you hire the right Los Angeles FMLA attorney to handle your case, it will not cost you anything to bring your suit against your employer.
• Punitive damages, which are typically awarded in proportion to the illegal mistreatment you experienced and the severity of the defendant’s actions against you.

With the right legal team behind you, you might be surprised to discover your claim is worth much more than you initially anticipated. Additionally, federal and state oversight agencies take disability discrimination very seriously. Any violations of the these laws can easily lead to severe penalties for the employer, and the outcome of your disability discrimination suit can create a legal precedent that protects future employees of your organization from experiencing similar problems in the future.

The Shirazi Law Firm, PC, can offer the compassionate and meticulous legal counsel you need to approach a disability discrimination case with peace of mind. Our goal is to help you reach the best possible outcome. If you want to learn more about the legal services we provide, contact us today and schedule a free confidential consultation with an experienced Los Angeles disability discrimination attorney.

Pregnancy Discrimination

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Pregnancy Medical Leave

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Providing Reasonable Accomodation

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Family Medical Leave

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Medical Leave

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Harassment

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