There are many ways a person with a disability can be discriminated against in the workplace. They may be denied reasonable accommodation they needed to perform their job and terminated for poor performance. But, under the reasonable accommodation in labor law in California, employers must offer reasonable accommodation for people who have a physical or mental disability to apply for jobs or do the essential functions of their jobs. The only exception is when doing so can lead to undue hardship. This accommodation includes changing job duties, changing work schedules, offering leave for medical care, offering mechanical or electrical aids, and relocating the work area.
Understanding the Definition of Disability
A disability is a physical or mental impairment that significantly limits a person’s major life activity. This activity includes caring for oneself, hearing, walking, seeing, breathing, speaking, doing manual tasks, and others. The federal Americans with Disabilities Act (ADA) protects workers from discrimination based on a record or history of disability. As long as an employee can perform the essential functions of their position, their employer may not terminate them based on their disability.
How an Attorney Can Help Discrimination Victims
If you think you have been subjected to disability discrimination, you must contact an experienced employment lawyer immediately. They can help you determine whether you have a strong claim and how to best assert your rights. Also, your attorney can help negotiate with your boss to get the accommodations you need, improve your treatment at work, and protect your job. If you fail to keep your job, your attorney can help you seek compensation for the illegal actions of your employer. They can negotiate a generous severance package that will compensate you for the discrimination.
Should negotiation with your employer fails, your attorney can file a charge of discrimination at the federal Equal Employment Opportunity Commission (EEOC). You need to file a charge before you can file a lawsuit against your boss. Your attorney can give you representation in this process and help you assess your settlement offers. If the agency process does not satisfy you, your attorney can file a disability discrimination lawsuit in court.
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