Disability Discrimination at Work
Disability discrimination is a major area of our practice. An employee can become disabled in any number of ways. Some are disabled from workers compensation injuries. Others are disabled by accidents outside of work or because of other health problems. The employer’s obligation is always the same in these circumstances. An employer should not deny employment, deny promotion, or terminate an employee because of a disability.
Disability Discrimination and Reasonable Accommodation
Employers have another obligation, to provide reasonable accommodation. If an employee asks for reasonable accommodation with a return to work note from their doctor with limitations or modified duty, the employer must provide reasonable accommodation, per the Department of Fair Employment and Housing (DFEH). Even time off of work can be a form of accommodation. Sometimes transfer to a vacant position is appropriate.
Some employers avoid this obligation to work with employees to get them back to work. This is called a failure to enter the interactive process and is a separate claim.
Protect Yourself Against Disability Discrimination
The standard for accommodation is that the accommodation must be reasonable and allow the employee to perform the important tasks of the job. In determining whether an accommodation is reasonable many factors come into play, such as the size of the employer, or the cost of the proposed of accommodation. The goal of the accommodation laws is to require reasonable changes to the employee’s job or work hours so that they can work and earn money to support themselves and their families. Economic and emotional damages usually occur when these laws are violated. If you believe you may be disabled and have suffered this type of discrimination, contact us to discuss your rights.
Economic and emotional damages usually occur when these laws are violated. If you believe you may been the victim of disability discrimination it is important that you protect your case. disability discrimination, harassment or retaliation should not force you to quit. Get help instead. We know how to fight against disability discrimination. We won’t pressure you and we won’t tell your employer. Call Hogie & Campbell for a Free Consultation at (714) 508-6422.
Hogie & Campbell | Disability Discrimination
Areas We Serve
Aliso Viejo, Anaheim, Anaheim Hills, Brea, Buena Park, Costa Mesa, Coto de Caza, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Ladera Ranch, Las Flores, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Newport Coast, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster and Yorba Linda. As well as, all of Orange County, Riverside County, Los Angeles County, San Bernardino County and the Greater Southern California Area.