Elk Grove Disability Discrimination Lawyer

Elk Grove Disability Discrimination Attorney

People with disabilities face additional challenges when finding employment and applying for promotions. Accommodations for your work should not be viewed as you being difficult or too demanding. If you are facing challenges finding or keeping employment because of a disability, you need an Elk Grove disability discrimination lawyer to review your case and help you fight for your rights.

Hire a Disability Discrimination Lawyer

Facing discrimination at work can leave you feeling isolated and hopeless. When you hire a disability discrimination lawyer, you gain an ally with the skill to fight against your circumstances. With over a decade of experience in disability discrimination cases, the knowledgeable team at Asbill Law Group understands the challenges disabled workers face.

People with Disabilities in the Work Force

The U.S. Department of Labor’s Bureau of Labor Statistics examined labor force characteristics for 2024. In the United States, the percentage of individuals with disabilities who were employed was 22.7% compared with 65.5% for individuals without a disability. Over half of all people with disabilities are 65 years old or older.

People with a disability are almost twice as likely to be unemployed (7.5%) compared with those without a disability (3.8%). People with disabilities are also disproportionately not in the workforce compared with people without disabilities.

If you have faced disability discrimination while living or working in Elk Grove, filing a complaint might not result in a satisfactory resolution. If this happens, you may have options to file a claim in court. State cases are heard at the Sacramento Superior Court, while federal cases are heard in federal district court.

Disability Discrimination Laws in California

It is important to understand disability discrimination laws in California to take action against possible discrimination. Whether you have recently become disabled or are facing possible discrimination when looking for employment, knowing your rights can help you protect your interests. Key disability discrimination laws include:

• The California Fair Employment and Housing Act (FEHA) offers protections in employment and housing based on several protected classes. Employers cannot discriminate based on age, ancestry, race, religion, nationality, disability, marital status, gender, sexual orientation, or medical conditions.
• The Unruh Civil Rights Act prohibits discrimination by any business in California. Protections are guaranteed to those discriminated against because of age, ancestry, race, disability, nationality, religion, gender, or sexual orientation.
• The Disabled Persons Act guarantees people with disabilities or medical conditions the same access to public facilities as those who do not have a disability or medical condition.
• The Americans with Disabilities Act prohibits disability discrimination in employment. A disability is defined as having a physical and/or mental impairment that limits life activities. People with a history of physical or mental impairments and those perceived to be impaired are also protected.

Common Signs of Disability Discrimination

Identifying workplace discrimination can be difficult. Most employers recognize that outward discrimination leaves them liable, but subtle discrimination can be just as damaging to workplace morale and cohesion. Possible signs of discrimination include:

• Being denied a job interview or offer due to perceived limitations
• Changes in performance reviews
• Exclusion from meetings
• Exclusion from company events
• Sudden increases or decreases in workload
• Refusing reasonable accommodations
• Reducing your hours
• Receiving less pay than others doing a similar role
• Unequal rule enforcement
• Jokes about disabilities in the workplace
• Pressure to retire or resign

FAQs

What Is Considered a Disability in California?

Under the Fair Employment and Housing Act, California defines disabilities broadly. The definition of a disability includes physical and mental impairments that substantially limit at least one major life activity. Mental disabilities include mental and psychological conditions as well as chronic diseases. Physical disabilities include diseases and disfigurements that affect the body. This definition encompasses a wide variety of specific illnesses and conditions.

Is It Illegal to Discriminate Against Someone with a Disability in California?

Yes, it is illegal to discriminate against someone with a disability in California. Employers are required to offer reasonable accommodations to employees with a disability. They must engage in an interactive process with the employee when determining needed accommodations.

Employers are also required to consider qualified disabled candidates when hiring or promoting. They can face consequences if they refuse to hire or promote, offer a lower wage or fewer benefits, or refuse reasonable accommodations.

What Is a Reasonable Accommodation for a Disability in California?

Reasonable accommodations for an employee with a disability can include many elements. The need for reasonable accommodation is initiated by the employee when necessary to complete essential job functions. Common accommodations include changing job duties, providing medical leave when necessary, changing the employee’s scheduled hours, moving the work area, or using mechanical or electrical aids. This process must be interactive and timely on the employer’s end.

What Is Considered an Undue Hardship for Employers?

An undue hardship for employers refers to a situation in which an employee has requested a reasonable accommodation, but the employer has determined that it poses a significant expense or other difficulty to implement.

Employers must prove that an accommodation is an undue hardship. Each case is assessed individually. Judges consider the size of the business, the nature of the accommodation, the alternative accommodations available, and the financial and business impact of the accommodation.

What Is a Perceived Disability?

A perceived disability is when an employee is treated as if they have a disability, even when they are considered fully capable. It can also describe an employee who has a disability, but that disability is not severe enough to legally be considered a disability. Perceived disability can offer FEHA protections to employees who are discriminated against by an employer who has wrongly concluded that they are disabled.

Contact Asbill Law Group

It’s difficult to prove disability discrimination without the help of an experienced attorney. Disability discrimination laws are clear, but gathering evidence to prove discrimination can be challenging. If you feel you have been discriminated against because of a disability, contact Asbill Law Group to schedule your initial consultation.