Disability - Discrimination Claims and Cases

	disability discrimination In the United States, over 17 million working-age people have been identified as having physical or mental disabilities. In the state of California, it is fundamental public policy that people with disabilities be permitted to seek, obtain, and hold employment without facing discrimination. It is illegal, therefore, to discriminate against an individual because he or she has a disability, has a record of having a disability, meaning the individual had a disability in the past, or is perceived as having a disability. What is a disability? "Disability" is defined under California law as having a known, physical or mental condition that limits a major life activity. Thus, to qualify as a "disability," the physical or mental condition must limit or "make difficult" a major life activity. Major life activities include, but are not limited to, use of the five senses, as well as mobility, sleeping, procreation, interaction with others and working. This list is not exhaustive-there may be other activities not listed here that would qualify. You should think about the ways in which your physical or mental condition affects you and your ability to perform daily activities when trying to decide if your condition limits a major life activity. Furthermore, whether or not your condition limits a major life activity should be decided without taking into consideration mitigating measures. For example, if you have a physical condition that makes it difficult for you to walk, you should not take into consideration the fact that you typically use a cane when determining if your condition impacts a major life activity. What employer conduct is prohibited? Discrimination in employment on the basis of disability is unlawful under both California and federal law. Your employer cannot treat you differently in your employment than it treats other employees simply because you have a disability, a history of having a disability, or because your employer perceives you to be disabled. It is also against the law for an employer to discrimination against you because you associate with a person who has disabilities. Unlawful disability discrimination includes such things as: unlawful pre-employment inquiry into your disability; discrimination in hiring, recruitment and advancement; harassment on the basis of disability; discrimination in compensation and other terms and conditions of employment; and failure to provide reasonable accommodations. Under certain limited circumstances, an employer is allowed to treat people with disabilities differently than their non-disabled peers, such as when the employee poses a direct threat to the health or safety of himself or others. However, an employer’s "direct threat" defense requires proof that there is a significant risk of substantial harm that cannot be reduced or eliminated by reasonable accommodation. An employer’s stereotyped assumptions that people with disabilities are more prone to harm is not an excuse for discrimination. When to contact an attorney If your employer has refused to provide you with reasonable accommodation or has treated you differently in your employment because you have a disability, a record of disability or are perceived as having a disability, you might consider contacting an attorney. The employment law practice group of Boxer & Gerson has an established record of successfully litigating and resolving disability discrimination claims. To contact us about your case, call us at bold 510-835-8870 or click here to complete our contact form.

disability discrimination