If you have been the victim of workplace discrimination due to a disability, there are several steps you can take to move forward. Contact PLBH at (800) 435-7542 if you require a free legal consultation with an attorney who can help you.
1. Hire a Workplace Discrimination Attorney
Finding an employment law firm with the necessary experience is the first step. Finding a firm that only practices employment law and is knowledgeable about how various California labor regulations and employment statutes interact is crucial.
Finding a law firm with actual trial experience is essential. You’d be astonished at how frequently people claim to be trial lawyers or civil litigators when they have never actually presented a case before a jury. It’s crucial that you get a lawyer who can effectively represent you in court, has real trial experience, and is at ease in front of a jury.
It’s crucial for the opposing side to understand that you have attorneys who will go to trial for you if necessary if they refuse to settle, which is necessary for cases to settle and settle for a sum that you feel good about.
2. Understanding the ADA
The Americans with Disabilities Act (ADA) is a federal statute. A federal law was created to safeguard people with disabilities from both work-related and non-work-related concerns. Although the ADA is well-known and frequently mentioned, it’s crucial to be aware that California also has a law known as the Fair Employment and Housing Act that applies to employees with disabilities.
Employees who have a disability are protected under the Fair Employment and Housing Act, whether they are working or not. It’s crucial for you to employ an attorney or find an attorney who can distinguish between the ADA and the Fair Employment and Housing Act, generally known as FEHA, because the definition of a handicap under FEHA differs slightly from that under the ADA.
3. Know What to Do if Your Employer Declines to Make a Reasonable Adjustment
One of the main categories of cases we handle is when an employee has been granted work restrictions that call for accommodations, but the employer is refusing to let them continue working because of those limits. Even though the employee feels that they are capable of working, they are either being requested to remain on leave for a lengthy period of time or the company has decided to fire the employee as a result of the accommodation request.
It is vitally important for employees to understand their rights under California law. In order to decide if the employee can perform their job with or without accommodations so that they can stay with the company, the employer has what’s known as an affirmative duty to engage in the interactive process.
Even if an employee is unable to perform their regular job duties, this does not automatically necessitate their dismissal. The employee has the right to apply for any open positions inside the business. It’s critical for you to realize that throughout the process, the employer frequently tries to obstruct your return by creating obstacles, inventing justifications, or simply saying, “No, you have to be 100% or you can’t come back.” It frequently violates the Fair Employment and Housing Act of California.
Submitting an EEOC Complaint While Still Working
It’s critical to remember that you have rights when working. You can also take a number of actions to maintain, defend, and exercise your rights. The response varies across among employees. They will react differently to your issues, just like with various jobs. Sometimes, employers act morally. The majority of the time, employers act morally. But there are some instances where employers blatantly make mistakes. You want to make sure you’re protected in those situations where they make a mistake.
Have concerns about the four ways to advance your discrimination case if you or a loved one are in the process of filing an employment claim in California? For a free consultation and case evaluation, get in touch with the skilled California employment law experts at PLBH by calling (800) 435-7542.