Disability discrimination encompasses a broad definition of disabilities laws. In California, the Fair Employment and Housing Act has made it unlawful for employers to discriminate against an individual because of a physical or mental disability.
Under the law, “disability” is a term of art that encompasses any type of physical or mental condition that affect a person’s life. This could be a disease, disorder, or condition.
If a person has a disability, either physical or mental, an employer has certain obligations to work with the employee and offer reasonable accommodations where available. An employer also has the duty to engage in the “interactive process” or an ongoing dialogue between the employer and employee to determine what accommodations might be necessary.
Accommodations range widely based on the type of disability. For example, an employer may need to allow for part-time or modified work schedules in order to accommodate doctor’s appointments; acquiring or modifying equipment; changing tests, training materials, or policies for literary disabilities; and providing qualified readers or interpreters
If your employer has failed to engage in the interactive process, has failed to provide reasonable accommodations, or you have suffered any type of adverse employment action such as a demotion, pay cut, or termination, and you believe it was because of your disability, you may be able to hold your employer liable.
The attorneys and staff at KTL are ready to help. We are respected for our aggressive and efficient representation of our clients in various discrimination matters, and have a track record of success including a 2017 judgment with punitive damages totaling $1,830,000 against a major jeans company who terminated a disabled employee days after he was returned to work, and a 2019 settlement against a restaurant chain for $920,000.