If you have been denied employment, promotion, termination, or suffered other workplace discrimination because of your disability or medical condition, you may be entitled to monetary compensation. You should speak to a disability discrimination attorney in Los Angeles to get more information about your rights and legal options. The experienced Los Angeles employment lawyers at Aegis Law Firm can help you.

For almost 20 years, we have been helping real people win the compensation they deserve.
We have secured over $300 million in verdicts and settlements for our clients.
We have a 99% success rate defending the rights of workers throughout the Los Angeles area.

If you need legal assistance to fight your disability or medical condition discrimination case, you deserve a team driven by passion and excellence. Let a Los Angeles disability discrimination lawyer at Aegis Law Firm put their expertise to work for you. Call us today at (949) 379-6250. Your initial consultation is free, and if we represent you, there are no fees unless we win.

How Can a Lawyer Help?

A disability discrimination lawyer can provide invaluable assistance in a disability or medical condition discrimination case. Here is how they can help:

Case Evaluation

They can assess the strength of your case by examining the available evidence, such as medical records, witness statements, and any relevant documents. They can determine if you have a viable claim.

Legal Guidance

Lawyers specializing in employment law are well-versed in the relevant laws, regulations, and precedents related to discrimination cases. They can navigate the complexities of the legal system on your behalf.

Legal Strategy

They will develop a strategic plan for your case. This includes advising you on the best course of action, potential outcomes, and possible settlements.

Filing the Claim

A Los Angeles disability discrimination lawyer will ensure that all necessary paperwork is filed correctly and within the required timeframes. They’ll know the specific procedures and deadlines that apply to your case.

Negotiation and Settlement

They can negotiate with the opposing party (or their legal representation) on your behalf. This could lead to a settlement that is fair and satisfactory to you.

Representation in Court

If a settlement cannot be reached, your lawyer will represent you in court. They’ll present your case, cross-examine witnesses, and argue on your behalf.

Maximizing Damages

If you win your case, a lawyer can help ensure you receive the maximum compensation or remedies available under the law.

Advocacy for Accommodations

If your disability or medical condition requires specific accommodations in the workplace, a lawyer can advocate for your rights and work to secure those accommodations.

Protection from Retaliation

If you’re concerned about potential retaliation for filing a discrimination claim, a lawyer can advise you on how to protect your rights.

Emotional Support

Dealing with discrimination can be emotionally draining. A Los Angeles disability discrimination attorney can provide support and advice throughout the process.

What is a Disability and is My Condition Covered?

Under the law, the definition of disability covers both physical and mental conditions that substantially impair a person’s life. The conditions protected include:

Blindness
Deafness
Cerebral palsy
Use of wheelchair
Partial or complete missing limbs
Chronic conditions such as hepatitis, HIV/AIDS, epilepsy, diabetes, and heart and circulatory disease
Schizophrenia
Bipolar disorder
Depression
Learning disabilities

What is Disability or Medical Condition Discrimination?

Not every physical disability or medical condition impairs a person’s ability to do their job. However, because of biases that exist in the workplace, persons with disabilities or medical conditions are sometimes discriminated against. They are either not hired at all, or are sometimes terminated under false pretenses.

Disability or medical condition discrimination occurs when an employer wrongfully discriminates against an employee or job applicant because of their disability or medical condition. If a job applicant is otherwise qualified for a position, and their disability or medical condition is a substantial reason for an employer’s refusal to hire them, they may have a valid claim for discrimination. Likewise, if an employee suffers adverse actions or is terminated from their position because of their disability or medical condition.

The Law Against Disability or Medical Condition Discrimination

The Americans with Disabilities Act prohibits employers with 15 or more employees from discriminating against qualified persons with disabilities in the following circumstances:

Inquiries and Medical Examinations: Pre-employment practices like asking for a disclosure of medical conditions or requiring a medical examination before making a job offer. Such queries must be job-related and consistent with business necessity.
Hiring: Employers are prohibited from discriminating against individuals with disabilities or medical conditions during the hiring process. They cannot make decisions based on an individual’s disability as long as they are otherwise qualified for the position.
Employment termination: An employee with a disability can only be terminated for legitimate reasons, such as poor performance or violations of workplace policies, as long as these reasons are not related to the disability.
Job advancement and promotions: It is unlawful to refuse to promote an individual solely on the basis of their disability or medical condition, as long as they are otherwise qualified for the position and can perform the essential job functions with or without reasonable accommodations.
Determination of compensation: An employee’s disability cannot be a factor in determining their salary, wages, bonuses, or other forms of compensation.
Job training: Employees must have equal opportunities for training as their coworkers.
Job privileges: Employers cannot deny privileges to individuals with disabilities that are offered to other employees. This includes health insurance, retirement plans, and other employment-related benefits.
Determination of other terms and conditions of employment: Employers cannot apply different standards or requirements to employees with disabilities compared to employees without.
Failure to Provide Reasonable Accommodations: Employers are required to make reasonable accommodations to allow individuals with disabilities to participate fully in activities, perform job functions, or access services. This may include modifications to the work environment, policies, or procedures.
Harassment or Hostile Work Environment: This involves unwelcome conduct or comments related to an employee’s disability that creates an intimidating, hostile, or offensive work environment.
Retaliation: Employers are prohibited from retaliating against employees who assert their rights under disability law or participate in the complaint process.

California’s Fair Employment and Housing Act (FEHA) also protects the right of individuals with disabilities to access employment opportunities. FEHA protections apply to employers with five or more employees.

Reasonable Accommodations

Under federal and state laws, employers covered by the law are required to provide reasonable accommodation to job applicants and employees with disabilities.

Reasonable accommodation can include:

Changing job duties
Changing work schedules
Providing mechanical or electrical aids to support the employee such as TTY devices for the hearing impaired
Allowing the use of assistive animals such as guide dogs or emotional support dogs
Providing leave for medical care

Who Is Covered Under the Disability Laws?

Under disability laws, several groups of individuals are typically covered. This includes:

Individuals with a Recognized Disability: This includes people who have physical or mental impairments that substantially limit one or more major life activities. This can encompass a wide range of conditions, from mobility impairments to sensory or cognitive disabilities.

Individuals with a History of Disability: Individuals who have a record of a disability, even if they do not currently have a disability, are also protected. For instance, someone who has recovered from a serious illness or injury may still be covered.

Individuals Perceived as Having a Disability: This category includes individuals who may not have an actual disability but are perceived by others as having one. Discrimination based on this perception is prohibited.

Associates of People with Disabilities: This pertains to individuals who have a close relationship or association with someone who has a disability. For example, an employer cannot discriminate against an employee because their child or spouse has a disability.

The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 outline the protections and accommodations available to individuals with disabilities. These laws apply to various aspects of public life, including employment, education, transportation, and access to public facilities and services.

How Long Do I Have to File a Disability Discrimination Claim?

The time limit for filing a disability discrimination claim can vary depending on which agency you file with:

EEOC

You generally have 300 days from the date of the alleged discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC).

CRD

If you choose to file with the Civil Rights Department (CRD) in California, you typically have three years from the date of the alleged harm act to report it.

An attorney can advise you on the best course of action when it comes to filing.

Lawsuit Statute of Limitations

If you decide to pursue a lawsuit independent from the EEOC or CRD, you also have a limited time to file once you receive a Notice of Right to Sue. If the notice comes from the EEOC, you have 90 days, but if the permission comes from the CRD, you have up to one year.

How Do I Prove Disability Discrimination?

To succeed in a case of disability or medical condition discrimination, a claimant must prove that they were qualified to perform the duties of the job, but were denied employment or suffered adverse action in their employment because of their disability or medical condition.

An employer accused of disability discrimination may defend themselves by claiming that their actions were based on the imminent and substantial risk of harm posed by the job to the applicant or employee, or to others.

Proving a disability or medical condition discrimination case can be very complex, which is why you need an experienced Los Angeles disability discrimination attorney to fight for you.

Contact Our Los Angeles Disability and Medical Condition Discrimination Lawyers Today

If you are experiencing discrimination because of your disability or medical condition, we are here to help. We have almost two decades of experience fighting for the compensation and opportunities that employees deserve.

Together, we can work towards securing your rights and ensuring equal treatment under the law. If you are experiencing discrimination because of your disability or medical condition, call Aegis Law Firm today at (949) 379-6250 to schedule your free consultation.

Los Angeles Disability and Medical Condition Discrimination Lawyer