Disability Discrimination

At the Calderone Law Firm, we are experienced Los Angeles disability discrimination attorneys who are absolutely committed to the fight against disability discrimination in the workplace

What Is A Disability?

A person is "physically disabled" under the Fair Employment and Housing Act if he or she has a "physiological condition" that "affects a specific bodily system" and "limits a major life activity." A physiological condition "limits" a major life activity if it makes difficult the achievement of the major life activity. The term "major life activity" is broadly construed, and includes physical and social activities, such as sitting, standing, walking, sleeping, talking, concentrating, and working. A person is "mentally disabled under the Fair Employment and Housing Act if her or she has any mental or psychological disorder or condition, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. Physical and mental disabilities include, but are not limited to, chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, clinical depression, bipolar disorder, multiple sclerosis, and heart disease. An employee or applicant also has protection from discrimination due to an actual or perceived physical or mental impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling.

Employer Has A Duty To Reasonably Accommodate And Interact About KnownDisabilities

Under the Fair Employment and Housing Act an employer is obligated to make reasonable accommodations for an employee's known disability, unless the employer can demonstrate that doing so would impose an undue hardship. The employee bears the burden of giving the employer notice of the disability and the need for an accommodation. This notice then triggers the employer's burden to take positive steps to accommodate the employee's limitations. The duty to accommodate is a continuing duty that is not exhausted by one effort. Thus, the employer's obligation to engage in the interactive process extends beyond the first attempt at accommodation and continues when the employee asks for a different accommodation, or where the employer is aware that the initial accommodation is failing, and further accommodation is needed. In order for an accommodation offered by an employer to be considered reasonable, the accommodation must actually be effective, allowing the disabled employee to perform her job without aggravating his or her condition.

Types of Reasonable Accommodations:
  • Job restructuring, part-time or modified work schedules, or reassignment to a vacant position may be a reasonable accommodation if it does not pose an undue hardship on the employer.
  • Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities may be a reasonable accommodation if it does not pose an undue hardship on the employer.
  • Acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities may be a reasonable accommodation if it does not pose an undue hardship on the employer.
  • An extended medical leave, or an extension of an existing leave period, may be a reasonable accommodation if it does not pose an undue hardship on the employer.
  • Holding a job open for a disabled employee who needs to recuperate or heal is in itself a form of reasonable accommodation and may be all that is required where it appears likely that the employee will be able to return to any existing position at some time in the foreseeable future.
  • An employer who knows of an employee's disability has an affirmative duty to make known to the employee other suitable job opportunities with the employer and to determine whether the employee is interested in, and qualified for, those positions if the employer can do so without undue hardship or if the employer offers similar assistance or benefit to other disabled or nondisabled employees or has a policy of offering such assistance or benefit to other disabled or nondisabled employees or has a policy of offering such assistance or benefit to any other employees.
  • An employer has a duty to reassign or transfer a disabled employee as a reasonable accommodation to a vacant position which the disabled employee is qualified and which the disabled employee is capable of performing with or without reasonable accommodation.
What You Need to Prove for Disability Discrimination

Physical or mental disability under the Fair Employment and Housing Act requires plaintiff to show: (1) he or she suffers from a disability; (2) he or she is qualified to perform the duties of the position with or without accommodation; and (3) he or she was subjected to adverse employment action because of the disability or perceived disability.

What You Can Recover for Disability Discrimination

A victim subject to disability discrimination is entitled to any and all damages in which such disability discrimination was a substantial factor in causing, which includes but is not limited to loss of earnings, future loss of earnings, emotional distress, punitive damages, attorney's fees and costs.

Calderone Law Firm is the pre-eminent disability discrimination law firm in Southern California:

  • Has successfully handled disability discrimination cases for over two decades,
  • Has received excellent results for victims of disability discrimination including a recovery of over one million dollar settlement, and
  • Will fight to stop the disability discrimination from continuing and get just compensation for you!
Free Consultation - No Attorneys' Fees Unless You Recover Monetary Damages

You don't have to stand for violations of your workplace rights. From offices in Manhattan Beach, Calderone Law Firm provides legal advice and representation for employees in communities throughout the Los Angeles metro area. Contact the office to arrange a free consultation with an experienced Manhattan Beach attorney for disability discrimination cases today.