West Hollywood Disability Discrimination Lawyer

West Hollywood Disability Discrimination Attorney

When facing disability, the journey should be free of discrimination. Unfortunately, this is not always the case. People experience prejudice, even in the workplace, based on race, religion, gender, and disability. Fortunately, employment discrimination violates both federal and state laws, and this includes disability discrimination. If you have faced discrimination based on a disability, a West Hollywood disability discrimination lawyer can help.

Why Choose Us?

At the Law Offices of Miguel S. Ramirez, we understand the critical employment legal issues related to disability discrimination. We work hard to protect our clients’ rights. With over 20 years of observation and participation in practicing law, we possess the knowledge necessary to represent our clients properly.

We can examine the details of your case and inform you of your rights. We can fight for the compensation you deserve, as well as make you aware of your options. We are dedicated to securing justice for our clients.

What Is Disability Discrimination?

Disability discrimination is when an employer or other organization or entity that is covered by the Americans with Disabilities Act (ADA) treats a person who is qualified unfavorably due to their disability. This discrimination can also extend to someone who they believe has a disability and they do not, or someone who had a previous disability that does not anymore.

Under federal and state laws in California, workplace discrimination based on disability is forbidden by law, as disabled persons are a protected class.

Examples of Disability Discrimination

Disabilities cover a range of conditions. These conditions can be seen or unseen. Some of these include:

• Physical disabilities. These are disabilities that relate to a person’s mobility, such as the loss of a limb or paralysis. Discrimination in this sense can include not providing necessary accommodations or making assumptions about their abilities.
• Sensory disabilities. These are disabilities that are related to the five senses, such as blindness or deafness. Discrimination in this manner can include refusing to provide a sign language interpreter or making accommodations for assisted devices.
• Mental health disabilities. These include mental health conditions such as depression or anxiety. Discrimination in this area could include stigmatizing or stereotyping.
• Neurological disabilities. These include conditions such as epilepsy and multiple sclerosis. Discrimination could include failure or refusal to provide reasonable accommodations for the affected individual.
• Chronic health disabilities and conditions. These conditions include cancer, diabetes, and HIV/AIDS. Discrimination here could include termination based on a perceived stereotype of their ability to perform tasks.

Disability discrimination can take on many forms. These include:

• Refusing to hire or promote someone based on their disability.
• Failing or refusing to make reasonable accommodations.
• Terminating or retaliating against an employee who requests accommodations or asserts their rights.
• Harassing a disabled employee through jokes, offensive or derogatory comments, or otherwise harassing behavior.
• Denying benefits to a disabled employee.

What to Do if You Have Faced Discrimination Based on a Disability

If you have been the victim of discrimination disability, there are a few steps you can take to seek justice. First, you will want to recognize the signs of discrimination. Most employers or entities will not make discrimination obvious for fear of facing the financial toll of a claim and the social backlash of the publicity. Therefore, under the ADA, these signs may point to illegal discrimination:

• A sudden shift in job duties.
• The exclusion from important discussions or tasks.
• An employer’s refusal to provide a raise or promotion.
• A reduction in pay or hours.
• Allowing harassment to occur and continue in the workplace.

If these have happened, the next thing to do would be to assert your rights and bring up the matter directly to your employer in West Hollywood. Often, an employer is willing to correct the situation. If not, a formal internal complaint can be made within the company.

A formal complaint allows the company at large to rectify the problem, not just your manager or supervisor. If they choose not to, you have official documentation to prove that an attempt was made to resolve the issue before taking the issue to court, if necessary.

If all attempts are exhausted with no changes, you can file an official claim with the courts with the help of a lawyer.

FAQs

Q: What Is an Example of Discrimination Based on Disability?

A: An example of discrimination based on disability could be an employer refusing to implement handicapped ramps near stairs when there are employees who are mobile with a wheelchair that must go up stairs in order to do their job. The employer is not required to do so if it would place undue hardship on the company. However, if it does not, it can be considered discrimination.

Q: How Can We Solve Discrimination Against Disabled People?

A: Discrimination against disabled people may not be totally and globally solved. However, there are things we can do to reduce it. This includes creating and enforcing anti-discrimination laws, creating inclusive and safe environments, providing access to resources and support groups, and holding those accountable who discriminate against the disabled, including taking legal action.

Q: What Is the EEOC Guidance on Disability Discrimination?

A: The EEOC (Equal Employment Opportunity Commission) guidance on disability discrimination prohibits an employer from treating a person or their associates differently or unfavorably because they either have a disability or previously had a disability. This act also prohibits this treatment from an employer who has assumed a person has a disability when they, in fact, do not.

Q: What Is the Disability Discrimination Act in California?

A: In California, the disability discrimination act mostly falls under the Fair Employment and Housing Act (FEHA), which prohibits discrimination based on disability. Employers are required to provide reasonable accommodations for qualified employees with disabilities. California also has additional laws that prohibit disability discrimination in public places, housing, and education.

Contact the Law Offices of Miguel S. Ramirez Today

If you’ve been the victim of disability discrimination, you don’t have to go through it alone. You have a right to seek justice for the unfair treatment you received. The Law Offices of Miguel S. Ramirez can help you receive what you deserve. Contact us today for more information.