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Even disabled persons are given the right to be given gainful employment in California. However, there are employers who still discriminate employees due to the latter’s actual or perceived disabilities. Disability discrimination happens at work when an employee who is physically handicapped or mentally challenged in some form but is otherwise able, willing and capable to work and do the tasks needed for the position is not given the same or similar opportunity as those with no disability.
If you are discriminated against because you are physically disabled in some form, then you have a right to fight for your employment rights and seek damages against your employer. It is also of no consequence if you really don’t have any disability at all. If your employer perceives that you have some form of disability, i.e., emotional or psychological issues, and your employer does not treat you fairly or in the same way as he treats your co-employees, then you are a victim of disability discrimination. In this case, you can seek damages against your employer, to include, non-payment of wages, underpayment of benefits, lost opportunities and even remuneration for your pain and suffering and other emotional and psychological suffering and losses.
Don’t be swayed in negotiating your claims on your own with your employer as you will surely be at a losing end. Your employer is represented by insurance adjusters or defense lawyers who are adept in using employment and labor laws to their advantage. If you really want to protect your rights, your only option is to seek help from Mesriani Law Group’s aggressive disability discrimination attorneys in Los Angeles who have decades of experience in diligently representing disabled victims against discrimination at work in California.
What You Should Do in Case of Employment Disability in Los Angeles?
Employers are given management prerogative to choose their employees and to direct their business the way they want it. However, these rights are not absolute. In our modern society safeguards are given to employees to prevent harassment and discrimination or otherwise ill-treatment at work.
Basically, your employer does not have the right to violate public policy. Generally, disability discrimination occurs when a person with disability is not hired, not treated the same as other employees during employment or not given the same benefits after cessation or termination of the employment relationship.
Difference Between Disabled and Qualified Employee With Disability
There is a difference between a disabled and a qualified employee with disability.
- Disabled Person a person not otherwise fit to do work required by the job or position.
- Qualified Employee with Disability an employee who is disabled but is able to perform the work required by the employer at the time of hiring.
If you are classified as an abled disable employee, which means that your disability does not affect the work that needs to be done by the employer, then you should not be segregated or treated differently in terms of benefits and job promotions, otherwise, your employer is committing disability discrimination at work.
Laws Protecting Employees Against Work Disability Discrimination
Despite our modern society where slavery and discrimination have been outlawed as against humanity, decency and public policy, discrimination at work still persists. In the US, specifically in California, laws are enacted to protect employees against any form of discrimination and provide penalties for violators. Under the Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) employers are prohibited from subjecting their employees with disabilities to any form of discrimination, harassment, and retaliation.
Aside from the negative covenant of not harassing or discriminating against qualified employees with disability, employers are mandated to follow the positive covenant of providing reasonable accommodations to disabled employees so that they could perform their duties and tasks seamlessly and without undue risk to their health and well-being.
Seek Legal Help for Your Employment Disability Damage Claims
As a disabled employee, you have the right to seek damages and redress of grievances against your erring employer. If you are a victim of discrimination, you can file a claim for actual damages ranging from unpaid wages and benefits to obtaining compensation for your pain and suffering and other losses.
However, never claim your remuneration on your own because you will definitely be faced by adjusters or even defense lawyers who are adept at protecting their clients from law suit or claims. Hence, the only thing you can do is seek legal help from employment and labor law attorneys who can protect your rights and get the maximum compensation you deserve.