Articles Posted in disability discrimination

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A cancer diagnosis can utterly upend your life. That’s true even when the odds are fairly good. What can be nearly as jarring is the fact that you might face cancer discrimination at your work. cancer discrimination lawyer

For most people, cancer isn’t something they planned on – or planned for. As such, many aren’t ready to pause or forego their career – and they may not need to. But most cancer patients are unlikely to make it all the way through treatment without requiring some type of workplace accommodations.

Sometimes, when employees with cancer ask for the accommodations or leave to which they are entitled under law, they are met with employer responses that can include:

Continue Reading ›

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When people in a workplace feel comfortable mocking those who are different, those taunts can be used as evidence of harassment in a future California employment disability discrimination claim. Although our interests as Los Angeles employment attorneys are focused on the rights and well-being of the wronged workers, a recent public exchange between the owner of a Twitter and a disabled employee is a prime example for companies of what not to do, encourage, or allow.disability discrimination lawyer Los Angeles

As noted by the U.S. Equal Employment Opportunity Commission (EEOC), federal law holds it is illegal to “harass” a job applicant or employee due to current or past disability – actual or perceived. Harassment can mean offensive remarks about a person’s disability, and it’s characterized by conduct that is so frequent or severe it creates a hostile work environment or results in an adverse employment decision (such as firing or demotion). Harassment can come from a co-worker, supervisor, or even client/customer (when the employer doesn’t intervene).

Disability discrimination harassment can be difficult to prove because it’s often he-said-she-said. There’s no paper trail. But not so for the recent exchange between Twitter owner Elon Musk and a former employee, a 45-year-old Icelandic graphic designer with muscular dystrophy. Continue Reading ›

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As an L.A. employment lawyer, we’ve fielded a fair number of questions about the legality of lay-offs or termination of an employee who is on maternity leave or parental leave. Los Angeles parental leave discrimination

The answer isn’t always cut-and-dried, depending a fair bit on the specific circumstances of the case.

Of course, losing a job in general is never an easy prospect. But firing or laying off someone who is on parental leave is arguably all kinds of wrong from a moral perspective  – especially because employees in this situation truly need both money and health care during this time. One might even consider it “emotional robbery.” Those first few days, weeks, and months bonding with a new baby are priceless. If the parent is suddenly overwhelmed with stress over finances and healthcare, they’re emotional and physical energy will be spent elsewhere – and that’s time they’ll never get back. It can also have serious health consequences, especially for employees who have just given birth.

All this makes it very risky for a company’s reputation and brand to engage in such practices. And yet, some still do. Whether that’s the basis for a successful California employment lawsuit will hinge on a few different factors.

Rights of Employees on Parental Leave

There are federal and state laws that protect the rights of employees on parental leave. California has some of the strongest state-level parental leave protections.

California (as well as a handful of other states) requires paid parental leave – up to 8 weeks of partial wage replacement to eligible workers. It can be used for new parents and/or within 1 year of a child’s birth or foster care placement or adoption. Pregnant mothers are also given up to 4 months of job-protected disability leave prior to parental leave once the child is born. The California Paid Family Leave law (available to workers at companies with 20+ employees) is not solely for new parents, but can also be used to care for a seriously ill close family member. Continue Reading ›

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As of last year, about 19 percent of people in the U.S. with a disability were employed – a notable increase from just a few years ago, according to the U.S. Bureau of labor Statistics. That’s a notable increase from just a few years ago, though companies in California and throughout the country still have a ways to go when it comes cultivating inclusive workforces. disability discrimination

For job applicants with disabilities, knowing the basic foundations of your rights is important. The ability to clearly identify unfair treatment in the workplace is important, as is knowing what recourse may be available and who you can turn to for help.

Our Los Angeles disability discrimination lawyers recognize that most disability discrimination claims are going to be rooted in The California Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, the Disabled Persons Act, and the federal Americans With Disabilities Act (ADA).

FEHA applies to California employers with 5+ employees, and prohibits disability discrimination of job applicants and/or employees. The Unruh Civil Rights Act, California Civil Code Section 51, provides protection from discrimination against all business establishments in the state on the basis of disability (among other things). The ADA prohibits discrimination on the basis of disability in employment, and applies to all government employers and any workplace with 15+ employees.

Understanding Disability Discrimination and Employee Rights

Our state-level provide greater anti-discrimination protections for workers with disabilities compared to federal law. Continue Reading ›

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The COVID-19 pandemic spurred many employers to adapt by allowing work-from-home arrangements. Now, with the risk of COVID having largely receded with the availability of vaccines, companies have been pressing staffers to return to in-person work. However, some workers have alleged the roll-out of these return-to-office plans has resulted in employment discrimination. disability discrimination

One such high-profile incident recently garnered a lot of headlines. Twitter Inc.’s controversial new CEO Elon Musk as reportedly notified employees (those remaining following a mass layoff) that they should steel themselves to return to in-person work – and long hours at highly intensive paces.

In response, a new class action employment lawsuit alleges this push is discriminatory against employees with disabilities. A former engineer who kickstarted the case says he was fired shortly after informing his boss of his desire to continue working from home because he’s immunocompromised (a cancer survivor) and more vulnerable to contagious illness.

Musk’s demand for in-office work wasn’t a complete shock; He’d made his plans known shortly after buying the tech firm. Exceptions, he said, would be extremely rare.

The federal employment lawsuit asserts that work-from-home is a reasonable accommodation for disabled employees who can carry out essential job duties off-site. What’s more, demands for workers to put in long hours at an all-out pace is an unreasonable expectation for disabled workers. Continue Reading ›

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Workplaces that fail to accommodate a worker’s injury or disability may be rightly sued for California employment discrimination.Los Angeles disability discrimination

As explained by the California Department of General Services’ Office of Human Resources, reasonable accommodation refers to logical adjustments made to a job and/or the work environment that enables a person who is disabled to perform the essential functions of that job. Reasonable accommodations don’t change the essential job functions or create jobs that don’t exist. But they are provided when accommodation is necessary to allow a person who is disabled to perform the essential job functions.

Employers have a responsibility to engage in a timely, good faith, interactive process to determine effective reasonable accommodations for employees who are disabled. When they do not, workers can take legal action against them by filing a California employment lawsuit.

That’s what happened in a recent case at a poultry farm in Merced County, Central California. Continue Reading ›

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Cancer is a condition protected by the Americans with Disabilities Act, a federal law which offers certain protections against employer discrimination. If you’re fired after being diagnosed with cancer in Los Angeles, our employment lawyers are available to help answer your questions and determine your next step. cancer discrimination Los Angeles

Recently, a case of cancer discrimination was reported on by the Fresno Bee, which describes how a land acquisition and development firm is being sued by a former employee who says he was fired from the firm after a cancer diagnosis. The worker alleges he was discriminated against on the basis of his medical condition when he applied for a post at one of the company’s subsidiaries. Soon thereafter, he was fired from the job he held prior to receiving his diagnosis. Now, he alleges disability discrimination, failure to provide reasonable accommodation, wrongful termination, violation of state labor laws, and violation of his rights under the California Family Rights Act.

Plaintiff reportedly started working for the company in 2017 as a maintenance lead technician. He was diagnosed with cancer in the spring of 2021, at which time he began undergoing chemotherapy, radiation, and surgery. His condition required that he be under the constant supervision of his doctors. Accommodations were initially made for him to take a leave of absence to undergo treatment. During that leave, he applied for a managerial position, for which he believed he was qualified and would have required less physically intensive work. Despite landing a phone interview for the role, his employer never actually called on the day of the interview. Plaintiff speculated this was because of his medical condition.

Per FMLA, plaintiff was eligible for medical leave until end of October 2021, but prior to that, his doctor extended his medical leave through the end of the year. The following month, his employer terminated him, effective mid-October. When he sought a meeting with his supervisors, he was told that he had to be fired, but that if circumstances changed, he *might* be able to be rehired.

The employer is seeking to have the matter resolved via arbitration. Continue Reading ›

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California workers with physical and mental disabilities can request reasonable accommodations if they are necessary to assist them in their daily duties. Our Los Angeles disability discrimination lawyers know, however, that the question of what, exactly, a reasonable accommodation is can be a bit unclear. Los Angeles employment lawyer

The Americans with Disabilities Act (ADA) stipulates that in order to ask for a reasonable accommodation, one must meet the definition of having a physical or mental impairment that substantially inhibits one or more major life activities. At the state-level, we have the California Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, and the Disabled Persons Act all protect workers from disability-based discrimination.

What are Reasonable Accommodations?

Reasonable accommodations are slight changes that are made – either to the duties of the job or how/when/where/with what it’s performed. Ultimately, the goal is to provide reasonable tools that a qualified, disabled employee needs to complete the essential functions of their job while enjoying equal workplace opportunities. The requested accommodations must be within reason, and not place “undue hardship” on the employer.

Some examples of reasonable accommodations may include: Continue Reading ›

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The City of Huntington Beach has paid $2.5 million total to settle claims of disability and age discrimination allegedly perpetrated in part by the city attorney. The payout comes after the city paid $1.5 million fighting the claims. Los Angeles age discrimination lawyer

According to The Orange County Register, two former employees allege the city’s former and current senior deputy city attorneys made numerous efforts to force them and other older workers out of their employment roles.

The case had been pending for two years, and council members, who had to approve the legal fees, insist the case has always been without merit, which is why they pushed the outside lawyers to prepare for trial rather than try to settle. Ultimately, though, they chose to settle with one claimant for $1 million and another for $1.5 million. Continue Reading ›

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California taxpayers are on the hook for more than $2 million after supervisors at the state’s Employment Development Department failed to reasonably accommodate a worker with disabilities and then allegedly retaliated against her. Los Angeles employment disability attorney

As our Los Angeles employment disability discrimination lawyers can explain, reasonable accommodations for disabled workers are required under the California Fair Employment and Housing Act. Employers with more than five workers must provide these accommodations for people to apply for and perform the essential functions of a job, unless doing so would cause the company undue hardship. A reasonable accommodation could be alternative duties, medical leave, altering work schedules, moving one’s work area or providing electrical or mechanical aids – or a special office chair.

It’s illegal in California for an employer to forego engaging in a good faith, timely and interactive process when it comes to reasonable accommodations. The whole point of the law, of course, is to remove the kinds of barriers that would prevent someone from performing a job they could otherwise do with some accommodations. Continue Reading ›

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