San Francisco Area Disability Discrimination Attorney
Bay Area Employment Lawyers Rand L. Stephens and Richard Koss fight for the rights of workers who have experienced disability discrimination in California based on real or perceived disabilities.
Information About Disability Discrimination in California
What is Disability Discrimination?
If you have been treated unfairly at work because of a real or perceived disability, you have legal rights. California defines disability very broadly and has strong prohibitions against disability discrimination in the workplace. Disability discrimination can arise in hiring, firing, promotion, demotion, unequal pay or unequal access to facilities; or the failure to discuss and/or provide reasonable accommodations to disabled employees.
The Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 (ADA) defines disability as a “physical or mental impairment that substantively limits a major life activity.” Under the ADA, an employer with 15 or more employees is prohibited from discriminating against a qualified employee with a disability. A qualified employee is a person who can perform the essential functions of a job with or without reasonable accommodation. The ADA Amendments Act of 2008 gave broader rights and protections to disabled workers. The ADA allows for injunctive relief, but not damages.
The Fair Employment and Housing Act of 1980
California’s Fair Employment and Housing Act of 1980 (FEHA) protects employees working at employers of five or more employees against disability discrimination which is either a real or perceived disability and wrongful termination of a disabled employee. If an employee believes that he or she has a disability, or if the employer perceives that an employee has a disability, that person is protected under FEHA. The Act includes HIV and AIDS as a physical disability and also covers mental disability. The California Family Rights Act adds provisions in addition to FEHA which provide up to 12 weeks of leave from employment for pregnancy disability and the birth of a child of an employee, placement or adoption of a child by an employee, or the serious illness of a child, spouse, or parent of an employee. Employees who have suffered pregnancy discrimination, disability discrimination can obtain job reinstatement, collect lost or back wages, attorney fees and win damages for emotional distress.
Disability Discrimination in California is Against the Law!
If you have been discriminated against at work because of a real or perceived disability, you are not alone. Our team of San Francisco employment lawyers will work tirelessly on your behalf to right the wrongs that have occurred to you. Take action today and call or email Bay Area Employment Lawyers Rand L. Stephens and Richard Koss for a free consultation.