DISABILITY DISCRIMINATION

California law prohibits employment discrimination on the basis of physical disability, mental disability and medical condition.

Our San Diego Employment and Disability Discrimination firm represents employees who were discriminated against because of their disability or denied reasonable accommodations. If you feel you were treated unfairly because of your disability, or denied accommodations, contact our San Diego Employment and Disability Discrimination Attorney at 619.202.0264 to know more about your rights.

Your Employer Must Accommodate Your Disability – Unless it imposes hardship on the employer, your employer has a duty to put you on modified duty. You are entitled to receive reasonable accommodations. You have to ask your employer for reasonable accommodations unless your disability is apparent to your employer, in which case, your employer has to provide them for you. What is considered reasonable is ultimately determined by the judge or the jury. Our San Diego Employment and Disability Discrimination Attorney can help explain your rights. At the very least, your employer must allow you to take intermittent breaks from standing or sitting and allow you to see your health care provider when necessary. Liability arises when the employee shows that he/she could have done his/her job with accommodation. Our San Diego Employment and Disability Discrimination Attorney can help determine if the requested accommodations are reasonable.

Your Employer Must Engage In Interactive Process – When your employer is put on notice of your disability, your employer must talk to you about what accommodations you need or require to do your job. Call our San Diego Employment and Disability Discrimination Attorney at 619.202.0264 to know more about your rights.

Public policy - FEHA declares as public policy that it is necessary to protect the right and opportunity of all persons to seek, obtain, and hold employment without discrimination on basis of physical or mental disability.

Wrongful termination as tort - FEHA prohibition on disability discrimination supports a common law tort action for termination in violation of fundamental public policy.

Employees vs. independent contractors - FEHA protects employees, not independent contractors. An employee as any individual under the direction and control of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written. Independent contractors are persons who render service for a specified remuneration for a specified result, under the principal’s control only as to the result of the work and not as to the means by which the result is accomplished. Call our San Diego Employment and Disability Discrimination Attorney to determine whether you are protected under FEHA and know more about your rights.

Do not Accept Discrimination At Work
If you believe you are subject to disability discrimination or denied reasonable accommodations, contact our San Diego Employment and Disability Discrimination Attorney today at 619.202.0264 and set up a free consultation. Our San Diego Employment and Disability Discrimination Attorney will explain your rights and determine what accommodations you are entitled to in work place. You may also contact us online and confidentially discuss your situation.