Disability discrimination law includes legal matters in which employees are unlawfully fired from their jobs due to disabilities, a failure to accommodate a disability at work which leads to a job loss, employees harassed on the basis of their disability, and employees who are no longer able to work due to disability and need to go on SSI disability. There is also overlap between pregnancy discrimination, maternity leave, Family Medical Leave Act (FMLA) issues, and work injuries.
If you are confused about your rights as somebody who suffers a disability, it is best to call an experienced employment discrimination law firm. We have experienced disability discrimination lawyers standing by at 877-525-0700. When it comes to work and disability there is too much overlap between various laws. There are also a host of exceptions and requirements. Only an experienced disability discrimination lawyer can properly advise you of your rights.
The general answer is an employee cannot be fired while they are out of work due to a disability. However, in this case, generalities do not go far. In order for disability laws to protect employees the employee must be capable of working with reasonable accommodations. This is just like it sounds. The accommodation must be reasonable, and it must permit the employee to actually work with regularity and proficiency.
Unreasonable requests for accommodation include:
• Requests to work from home
• Part-time work forever
• Substantial modification of job duties to the point the employee is no longer doing the job they were hired for
• Unpredictable attendance forever
• Leaves of absence for years
• Holding a job open when a doctor has stated the employee can no longer do the job
• Requests to work at a job the employee is unqualified to do
• Requests to bump another employee from their job
• Any accommodation which subjects the employer to undue economic burden
As you can see, the list of unreasonable accommodation is quite long.
Examples of Job Terminations due to Disability that may be cases include:
• Employer refuses a reasonable length leave of absence for surgery and recuperation
• Employer does not agree with the doctor’s treatment
• Employer refuses to make a minor modification to a work environment
• Employer refuses to temporarily change the employee’s schedule
• Employer obsess on the fact the employee cannot do a non-essential job duty
• The employer believes the employee is too disabled to work when that is just a stereotypical notion
• The employer believes there is only the FMLA which allows for 3 months off when longer might have to be accommodated for a disability
The Employment Lawyers Group has literally heard tens of thousands, if not more, examples of accommodations. Let our experienced disability discrimination lawyers tell you whether your request for an accommodation was reasonable. Call us at 877-525-0700.
Most people have heard of the ADA. The Americans With Disabilities Act is actually a federally enacted employment law. The Americans With Disability Act is less favorable than California work disability laws. One of these differences is that in recent years California law has been interpreted to apply to persons who are fired from their jobs due to their association with having a disabled child. Our experienced disability discrimination lawyers will not guide you onto the wrong path. Give us a try. Our disability lawyers are here for you if you were fired from your job due to disability (maybe because of a failure to make a reasonable accommodation), your employer refused to reinstate you after a disability leave, you were unreasonably forced to quit your job due to a disability, or you were made fun of due to a disability. We have represented many persons with disabilities since 1993.
Some of the experience our work disability lawyers bring to the table include:
• A three week jury trial for an employee with a physical disability
• Won binding arbitration of $539,000 due to disability discrimination
• Judge trial claiming the employee was fired for being associated with having a disabled child which required her to miss work
• A published appeal for an employee with a mental disability
• Numerous jury trials and binding arbitrations for employees disabled by pregnancy
• Hundreds of large settlements for employees who were disabled
• We have represented many persons with disabilities since 1993
• Firm Founder, Karl Gerber, has written many articles on disability discrimination in employment
• Firm Founder, Karl Gerber, has spent many hours on the radio talking about disability discrimination
• Firm Founder, Karl Gerber, has been involved in multiple causes for the disabled including the National and Local Marfans Syndrome chapters, the Los Angeles Breast and Ovarian Cancer Walks, and the Multiple Scholaris Los Angeles Chapter
There is no downside to calling our office to find out if you have a case against your employer for disability discrimination. We are only paid when and if we are able to collect money from your employer. Under California disability discrimination laws the employer should not be able to collect anything against you if you end up losing your disability discrimination lawsuit.
CALL 877-525-0700 FOR A
LOCAL DISABILITY DISCRIMINATION LAW FIRM
WHO WILL GET YOUR CASE STARTED IMMEDIATELY