There are federal and state laws that protect qualified, disabled employees from disability discrimination. In California, in order to be protected against discrimination the employer must have at least five employees for anti-discrimination laws to apply.
A disabled employee does not have to put up with being treated differently and employers are obligated to provide reasonable accommodations to a person's disabilities. Of course, there are limits such as if accommodating the employee would be an "undue burden" or if harm would occur to the employee or others if the accommodation is provided.
An employer is also obligated to engage in a "timely, good faith interactive process" with a disabled employee to determine what, if any, accommodations can be provided. That means that a company cannot just ignore your request for accommodations or fail to communicate in good faith with you as to how you can be helped.
The employee typically does not have the right to choose which accommodation they most prefer. The employer has the right to decide which one to provide from the accommodations that are effective.
Oftentimes, an employer not only discriminates against a disabled employee, it also fails to follow other laws that you can allege as violated in a lawsuit. Specifically, an employer also has an obligation to provide reasonable accommodations to known disabilities. That means that you need to inform your employer of the need to be accommodated or that it should have known based on the circumstances involved. If it fails to provide you with reasonable accommodations, it can be liable to you for that claim. An employer also has a legal obligation to engage in a "timely, good faith interactive process" which means that after it knows of a need for you to be accommodated, it must communicate with you in good faith to determine what your needs are and how you can possibly be accommodated.
Also, an employer cannot retaliate against you for complaining about disability discrimination or asking for accommodations to your disability.
Our disability discrimination attorneys are not afraid to take on big companies and law firms to bring you the justice you deserve. When you work with us, we take the time to listen to your story so we can tailor our strategy to protect your best interests.
You are our priority, and we are determined to help you move forward. Rhonel T. Aquino has been in practice since 1997 and has a lot of experience handling discrimination claims.