Disability Discrimination Lawyer in Northridge

Fighting For Those Who Have Experienced Discrimination Based on Their Disability in California

No one should become a victim of disability discrimination at work. Despite the laws that protect people with disabilities, however, this is a common employment law violation around the country. When you face discrimination at work because of your disability, however, you can fight for damages to hold your employer accountable for its behavior.

We at K2 Employment Law help clients assert their rights after experiencing many kinds of discrimination, including disability discrimination. We believe all employees should be treated with dignity and respect for their rights in the workplace, and we help people fight to hold employers responsible for allowing unlawful mistreatment to become severe and pervasive in their workplaces. Rest assured that our disability discrimination attorneys in Northridge have your best interests in mind and can help you fight against unfair treatment at work.

Learn more during a free consultation with our disability discrimination attorneys in Northridge. Call K2 Employment Law now at (800) 590-7674 to get started.

Recognizing Disability Discrimination at Work

Disability status is one of many characteristics protected by federal and state law. Employees with certain medical conditions qualify for disability protection under the Americans with Disabilities Act (ADA). If you have a physical or mental condition that qualifies you for protection, you may encounter disability discrimination in the workplace, but it’s not always apparent.

Common examples of disability discrimination include the following:

• Promoting or allowing workplace harassment because of an employee’s disability
• Denying any kind of reasonable accommodation for a disability
• Retaliating against an employee for requesting reasonable accommodation
• Wrongfully terminating an employee because of their disability
• Telling “jokes” or making comments that are biased against any disability
• Refusing to promote or give a raise to an employee because of their disability

There are many more ways disability discrimination can manifest in the workplace. If you think you were subjected to unfair treatment because of your disability, you may have a claim. Not sure? Let our disability discrimination lawyers in Northridge help. Reach out to K2 Employment Law today for a free consultation.

Understanding Reasonable Accommodation for Disabilities

Reasonable accommodation for a disability is any modification to a work environment, schedule, or secondary duties that allows an employee with a disability to perform their primary work duties. One of the most common forms of disability discrimination occurs when an employer denies a request for reasonable accommodation.

Common examples of reasonable accommodation include the following:

• Reconfiguring workspace layout to accommodate a mobility aid
• Providing a reserved parking spot close to the workplace’s entrance
• Allowing additional or flexible rest breaks
• Work-from-home arrangements
• Late-start schedule
• Providing screen reader software
• Providing closed captioning software for video conferences
• Allowing service animals into the work environment

These are just a few of the possible accommodations an employee with a disability can request. If there is any modification an employer could potentially make to an employee’s work environment, schedule, or duties, it may be requested for consideration as a reasonable accommodation.

Requesting Your Right to Reasonable Accommodation

You can legally request reasonable accommodation by telling your employer you need an adjustment to your workplace, schedule, or duties to accommodate a disability.

You don’t need to provide this notice in writing, and you don’t even need to use the term “reasonable accommodation.” There are no such requirements in the ADA. You do, however, have to disclose your disability to your employer, who may be able to request medical information specifically pertaining to your disability status.

Are Employees Responsible for Disability Accommodation Costs?

No. Some types of accommodation may require purchasing special furniture, software, or other work materials, but employees don’t have to pay for these.

When accommodation for a disability costs money, employers are completely responsible for this cost. They can’t require employees to purchase materials themselves or take the cost of accommodation out of their paychecks. If an employer is wary about the cost of accommodation, they may suggest an alternative accommodation that costs less or nothing at all.

What Proof Do I Need for a Disability Discrimination Case?

Establishing a disability discrimination case requires concrete evidence to demonstrate that an employer’s actions were based on discriminatory motives related to your disability. Here are the key elements of proof needed:

• Disability Status: You must show that you have a disability as defined by the Americans with Disabilities Act (ADA). This means proving that you have a physical or mental impairment that substantially limits one or more major life activities.
• Qualification for the Job: It is essential to prove that you are qualified for the position. This involves demonstrating that you can accomplish the essential functions of the job, with or without reasonable accommodation.
• Adverse Employment Action: Evidence is needed to show that you suffered an adverse employment action, like being fired, demoted, or denied a promotion. Documentation of these actions, such as termination letters or performance reviews, can be crucial.
• Connection to Disability: You must establish a causal link between the unfavorable employment action and your disability. This can involve showing that your employer was aware of your disability and that the timing of the adverse action coincided suspiciously with your disclosure or need for accommodation.
• Reasonable Accommodation: If your case involves a failure to provide reasonable accommodation, you will need to show that you requested accommodation and that it was reasonable and necessary for you to perform your job. Evidence can include written requests and any communication with your employer regarding the accommodation.