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.