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Legal Rights of Disabled Employees in the Workplace

November 11, 2024Rager & YoonEmployment

Employees with disabilities have specific legal protections to ensure they are treated fairly. In Los Angeles, the law is clear: disabled employees cannot be discriminated against based on their condition. Employers must provide reasonable accommodations and offer a workplace that supports the rights of disabled individuals. Consulting an employment lawyer in Los Angeles is crucial if you face discrimination or denial of accommodations at work.

Understanding Disability Discrimination

Disability discrimination occurs when an employer mistreats a qualified individual because of their condition. This discrimination can take many forms, such as not being hired for a position because of a disability, being denied promotions, or being fired solely due to a disability. Federal laws, including the Americans with Disabilities Act (ADA) and state laws in California, provide protections for disabled employees against this type of treatment. These laws apply to a wide range of disabilities, from physical impairments to mental health conditions.

The Role of Reasonable Accommodations

Under federal and state law, employers must provide reasonable accommodations to employees with disabilities unless doing so would cause significant difficulty or expense. Reasonable accommodations may include modifications to work schedules, accessible office spaces, or assistive technology. These accommodations aim to ensure that disabled employees can perform the essential functions of their jobs.

Some common examples of reasonable accommodations include:

  • Allowing an employee to work from home if their disability limits their ability to work in the office
  • Modifying equipment or tools to accommodate the employee’s needs
  • Adjusting work hours or offering flexible schedules
  • Providing additional time for rest or breaks to manage a medical condition

If an employer refuses to provide reasonable accommodations without a valid reason, this may be grounds for a legal claim. In such cases, it’s essential to contact an employment lawyer in Los Angeles who specializes in disability rights.

Job Protection Under the Family and Medical Leave Act (FMLA)

In addition to protections against discrimination, employees with disabilities are entitled to job protection under the Family and Medical Leave Act (FMLA). This law allows employees to take unpaid, job-protected leave for severe health conditions, including those related to a disability. Under FMLA, eligible employees can take up to 12 weeks of leave per year to manage their health or care for a family member with a disability.

Employers cannot retaliate against employees for taking FMLA leave. However, employees may have grounds to file a claim if they are terminated or otherwise discriminated against for exercising their rights under the FMLA.

Know Your Rights: What to Do if Discriminated Against

If you believe you are being discriminated against or denied reasonable accommodations, it’s essential to take action. Start by documenting the incidents of discrimination or denial of accommodations. Keep records of any communication with your employer regarding your disability and any requests for accommodations.

Next, consider filing a formal complaint with your employer or human resources department. Employers are required to investigate complaints of discrimination and should take corrective action. If internal channels do not resolve the issue, filing a claim with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH) may be the next step.

How an Employment Lawyer Can Help

An employment lawyer in Los Angeles specializing in disability rights can guide you through the legal process, helping to ensure your rights are protected. They can assist in negotiating with your employer, filing complaints with government agencies, or pursuing a lawsuit if necessary. Legal representation can increase your chances of a favorable outcome in your case.

At Rager & Yoon, experienced attorneys understand the complexities of disability rights in the workplace. If you believe your rights have been violated, reach out for a consultation to explore your options.

Conclusion

Employees with disabilities are entitled to fair treatment and reasonable accommodations in the workplace. Discrimination or failure to provide these accommodations can lead to serious legal consequences for employers. If you are facing disability discrimination or need accommodations, call 213-255-4165 to consult with an experienced employment lawyer in Los Angeles.

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