Strong Advocacy In Disability Cases
Did Your Employer Follow The Law?
Making employment decisions which are substantially motivated by a person’s disability or perceived disability is illegal. Employers must provide reasonable accommodations to allow disabled employees to perform their jobs. California law requires employers to meet with disabled/ill employees to try to determine how the company may accommodate them.
Disability discrimination claims may involve issues such as:
- Determining whether someone is a qualified disabled employee entitled to accommodations
- Refusal to provide a qualified disabled employee with reasonable accommodations
- Determining whether accommodations would place an undue burden on the employer
- Harassment or hostile work environment: comments, jokes, emails, websites, photos or threats that affect the person’s ability to do his or her job
In addition, disability discrimination may include California Family Rights Act (CFRA) and Family and Medical Leave Act (FMLA) violations. Disabled employees must be allowed to use CFRA and FMLA time for necessary medical treatment. Denying CFRA or FMLA leave, or punishing an employee for using it, is against the law.