How the ADA Safeguards Employees from Disability Discrimination (1)

1. How the ADA Safeguards Employees from Disability Discrimination Table of Contents for Specific Topics Disabilities on the job: What is Disability Discrimination in the Workplace? How the ADA Protects Employees Examples of Disability Discrimination at Work Employers: What They Must Do for Reasonable Accommodations What Can You Do If You Think You Are Being Discriminated Against How the ADA Protects People from Retaliation Conclusion Free Consultation

2. Even in an equal-opportunity workplace, many people with disabilities are still given unfair treatment, bias, or even deliberately left out entirely. However, thanks to the Americans with Disabilities Act (ADA) and federal law, these workers who have faced disability discrimination are protected by the law. Both requesting accommodations, how the ADA protects you, and what employers must do are all important concepts that everyone in their present role or preparing to challenge discrimination needs to understand. In this guide, we will look at what disability discrimination is in the workplace, and how it differs from ‘reasonable accommodation’. Finally, we will cover how employers are required by law not only to make your job possible but also enjoyable, and just as importantly, how if they don’t abide by these obligations concerning employees with disabilities, then workers like that should be able to take them on in court too.

3. Disabilities on the job: What is Disability Discrimination in the Workplace? Disability discrimination occurs when an employer treats a qualified individual unfavorably because of physical or mental impairments that substantially limit one or more major life activities. This includes hiring, firing, promotions, job assignments, pay schedules, benefits provisions, and access to training opportunities. It even encompasses the scenario in which an employer fails to make reasonable accommodations for disabled employees. Discrimination can be obvious or subtle. Regardless of an employer’s motive, refusing to allow an employee to work for their disability (e.g., giving them another job when they’re capable of keeping their existing one) is illegal under the ADA and California’s Fair Employment and Housing Act (FEHA). If you’ve been the victim of such employment discrimination, disability discrimination attorneys who have experience in discrimination cases are your best bet for understanding what options are available to you under the law. How the ADA Protects Employees The Americans with Disabilities Act (ADA) is a federal statute passed in 1990 to protect disabled people from discrimination in all areas of public life. The act’s first title, which covers employers and is important for today’s discussion, protects qualified but impaired individuals from unequal treatment because they have a handicap. Under the ADA, employers may not: ● Discriminate in recruiting, hiring, firing, pay, job assignments, or training. ● Harass an employee because of their disability ● Fail to provide reasonable accommodations ● Retaliate against someone who asserts their rights under the ADA

4. The ADA applies to private employers with 15 or more employees as well as to government agencies and labor organizations. In California, employees are protected under FEHA, which applies to businesses with five or more employees and offers more protection than the ADA in many cases.

5. Examples of Disability Discrimination at Work Disability discrimination can take many forms in the workplace. Some typical examples include: ● Telling a worker to leave after learning about a sickle-cell anaemia diagnosis ● Denial of raises or promotions because of disability-related absences ● Refusing to allow job duties to be modified for an employee recovering after surgery ● Unfair scheduling that causes conflicts with medical appointments ● Harassment or threats based on visible or invisible disabilities ● Refusing to hire a qualified applicant once it is revealed he/she has a disability These actions are illegal if the employee is otherwise qualified for the position, with or without reasonable accommodations. If you’ve encountered any of the above, consult a disability discrimination attorney in Los Angeles who can evaluate your case and help you take action.

6. Employers: What They Must Do for Reasonable Accommodations Employers are legally obliged to make reasonable accommodations for workers with disabilities. This might include: ● Change your hours of work ● Adjust your computer or other office equipment ● Let you work from home ● Relieve you of nonessential tasks ● Give you assistive technology ● In addition, under the law, an employer must afford you extended leave for medical treatment. An accommodation is “reasonable” if it allows the employee to perform essential job functions and if it does not impose an undue hardship (i.e., significant difficulty or expense) on the employer. Employers also must engage in good tryout talks with employees and a dialogue between an employer and a worker to secure fitting adjustments.

7. What Can You Do If You Think You Are Being Discriminated Against Because Of A Disability? If you think that you are being treated like this because of a disability, there are steps you can take. 1. Record Everything: Keep a written account of all instances of discrimination or denial of accommodation, directional changes in treatment, such as cuts in hours, and any adverse employment action taken against you. Record the dates, names, and any correspondence made. 2. Ask for Accommodations in Writing: Type up all accommodation requests in a memo of some kind and keep copies for yourself. This will be like creating a paper trail. 3. Report the Problem Internally: Let your company’s human resources department or decision maker know about it. Even if you can get this ironed out in-house, it shows you tried to handle things the way they are supposed to be done. 4. File a Complaint With the EEOC or the CRD: If you cannot resolve the issue internally, you can file a charge with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). A complaint is usually supposed to be filed within 180-300 days after the alleged discrimination took place. 5. Talk to a Disability Discrimination Lawyer in Los Angeles about Your Rights in This Area of Law. It can be quite difficult to navigate through these claims. A skilled disability harassment attorney will help you understand the legal process, gather evidence on your behalf, and ensure that everyone is treated fairly. How the ADA Protects People from Retaliation Not only is discrimination illegal under the ADA, but so is retaliation. Employers are not allowed to discipline an employee for asking for adjustments in the workplace or bringing a complaint. For participating in any type of investigation. If you help another employee bring a case. Retaliation may come in the form of

8. demotions, cuts to part-time work, being excluded from meetings, or even being fired. If this happens, there may be more strength in your legal claim if a direct connection between the protected action and unfavourable response can be shown. Conclusion No one should ever be discriminated against simply because they have a disability or medical condition. Both the Americans with Disabilities Act and California law provide strong safeguards to allow people with disabilities to do well at work. Too bad, however, many employers do not live up to these responsibilities either through oversight on the part of managers or deliberately. When you think that’s what’s happening, do not just be quiet. For help defending your rights, figuring out how to file a complaint that will provide you with some redress is what you need a disability discrimination attorney to achieve. Has this helped share from others who have suffered at the hands of ignorance?