Federal as well as state laws strictly prohibit disability discrimination against workers based on any physical or mental ailment they may have or something that is considered a disability. The Americans with Disabilities Act (ADA) together with the Rehabilitation Act protects workers with disabilities that may be impaired to perform essential life activities such as hearing, sitting, walking and standing. Federal law protects such employees as long as they fulfill the tasks required at work, even in cases when the worker may require a reasonable accommodation.
HOW A LOS ANGELES DISABILITY DISCRIMINATION ATTORNEY CAN HELP?
Whether you are filing a claim for the first time or your claim was denied in the past and you feel you need to file for reconsideration, an experienced Los Angeles disability discrimination attorney can:
- Deal with complex insurance policies.
- Submit independent medical exams.
- Provide medical evidence that supports your condition and proves your limitations at work.
- Deal with insurance company surveillance that may work against you when trying to obtain compensation.
- Help you with a claim that was initially denied and needs to be reconsidered.
REASONABLE ACCOMMODATION UNDER ADA
Reasonable Accommodation is when the scenario at work is adjusted in order to accommodate an employee’s disability. Employees with disabilities should enjoy the same employment opportunities as everyone else. This means the environment should be suitable for the individual to perform at the same level as all other workers in similar positions and to receive the same benefits and privileges that others receive. A reasonable accommodation is provided:
- To secure equal opportunity during the hiring process,
- To equip the disabled worker in order to perform the required work duties,
- To allow a person with disabilities having equal employment benefits and privileges.
Employers are required to accommodate workers with disabilities. Some examples of these accommodations include:
- Making facilities wheelchair accessible.
- Rearrange schedules.
- Making an adjustment in training material as well as examinations.
- Provide reading or interpretation of important documents.
QUALIFIED INDIVIDUALS WITH DISABILITIES
In order to be qualified for as a worker with limitations or disabilities you will have to meet certain educational, experience as well as skill requirements. In other words, the employee has to be able to perform the essential tasks required for his or her position, even when reasonable accommodations are not provided. Individuals who are fully disabled will not qualify as employers are not obligated to hire or continue employing them. However, workers who perform the essential duties with minor accommodations from the employer may qualify for a Los Angeles disability case.
FILING A LAWSUIT
If you have a condition that limits a major life activity and you are bringing a lawsuit against your employer, you have more chances with a well-versed attorney by your side. A disability discrimination attorney Los Angeles can advise you about the steps you should take, from drafting the initial complaint, gathering the required evidence to attending the trial. He can navigate the complexities of your case with ease and ensure a successful outcome.