If you have ever been the victim of workplace discrimination, it probably doesn’t matter all that much to you whether it was deliberate or not. After all, whether your employer or a coworker intended to discriminate against you doesn’t matter because it is already happening. Regardless of the motive, discrimination nevertheless had an effect on you.
Disability discrimination is often non-intentional
In the context of disabilities, this frequently happens. A company policy that may not appear to be discriminatory on the surface may in fact discriminate against individuals with disabilities in numerous circumstances. For instance, imposing a regulation by your employer that limits the amount of breaks you can take during the workday to you could be discriminatory if you have a health condition that necessitates frequent trips to the restroom.
Your employer could be held accountable for non-intentional disability discrimination
A California appeals court ruled that your employer might still be held accountable for discrimination even if they had no intention of treating you differently because of your disability. This decision was significant because the court determined that an employer is accountable for disability discrimination even if they have no enmity against the individual in question.
Learn about the case in question
In this instance, a pharmaceutical sales representative asked his company for a leave of absence since he couldn’t drive due to an eye issue. The employer approved the leave but refused to move the sales representative to a different role that didn’t include travel.
From there, a representative of the company’s benefits division came to the conclusion that the employee had changed from a short-term disability leave to a long-term disability leave and was unable to work with or without a reasonable accommodation.
The employer refused to rehire the sales representative even after he tried to explain that he wasn’t genuinely on long-term disability. This employee then fired the sales representative based on a policy of terminating the employment of those on long-term disability.
The business attempted to rehire the employee after he filed a complaint alleging disability discrimination, but without specifying any particular role. When the sales representative objected, the litigation continued.
The salesperson filed an appeal after the lower court dismissed his claim, and the appeals court determined that even though the policy was applied incorrectly to this employee, the business may still be held accountable for its discriminatory effects. The court ruled that “even a valid corporation policy, if administered incorrectly,” can serve as the foundation for a claim of disability discrimination.
Employment law cases are complex
The application of both federal and state law to these kinds of actions makes employment law claims complex. A discrimination suit must be filed according to particular procedures, and there are deadlines that must be satisfied. It is crucial to speak with a California employment discrimination lawyer if you think you have experienced any form of job discrimination for this reason.
PLBH is committed to assisting workers who have experienced workplace discrimination in obtaining justice. We have a strong track record of success and a wealth of knowledge, making us qualified to handle a variety of discrimination claims. Call (800) 435-7542 or email info@plblaw.com right away to arrange a meeting with a member of our staff.