The #MeToo movement, along with other initiatives, have shed more light on issues dealing with...
People with disabilities have the right to be given gainful employment in California. However, some employers continue to discriminate other employees because of their 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 compared to other employees 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 don’t have any disability at all. If your employer perceives that you have some form of disability such as implying that you have 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 find yourself with a significant disadvantage. Your employer is represented by insurance adjusters or defense lawyers who are adept in using the employment disability discrimination acts and labor laws to their advantage and challenge your claim. Ensure that you get the proper compensation you deserve by seeking help from Mesriani Law Group’s aggressive disability discrimination or employment harassment lawyers in Los Angeles. These lawyers have decades of experience in diligently representing disabled victims against handicap discrimination at work in California.
What Should You Do in Case of Employment Disability Harassment in Los Angeles?
Employers are given management prerogative to choose their employees and direct their business the way they want. However, these rights are not absolute and still has its limitations. In our society today, safeguards are given to employees to prevent disability harassment and discrimination or otherwise ill-treatment at work.
Your employer does not have the right to violate public policy. Disability discrimination occurs when a person with a 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 employee 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 and continue the work required by the employer at the time of his or her hiring.
If you are classified as an abled or capable disabled 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 having a modern society wherein slavery and discrimination have been outlawed and deemed as actions against humanity, decency, and public policy, discrimination at work still occurs. In the US, specifically in California, handicap discrimination laws are enacted to protect employees against any form of discrimination in the workplace 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 workplace retaliation, harassment, and other forms of discrimination arising from disability.
Aside from the negative covenant of not harassing or discriminating against qualified employees with disabilities, 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 from Disability Discrimination Attorneys in Los Angeles 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 handicap 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 be faced by adjusters as well as defense lawyers who are adept at protecting their clients from disability harassment claims and liabilities. Reaching for a settlement on your own might also make you waive your claims unintentionally due to legal technicalities, yielding you with little to no compensation at all from the party in question. Hence, the only thing you can do is seek legal help from Los Angeles employment discrimination lawyers who can protect your rights and get the maximum compensation you deserve.