Disability Discrimination

Disability discrimination means treating individuals differently in employment because of their disability, perceived disability.  Some examples of disability discrimination may include:

• Discriminating on the basis of physical or mental disability in various aspects of employment, including: recruitment, firing, hiring, training, job assignments, promotions, pay, benefits, lay off, leave and all other employment-related activities.
• Harassing an employee on the basis of his or her disability.
• Asking job applicants questions about their past or current medical conditions, or requiring job applicants to take medical exams.
• Creating or maintaining a workplace that includes substantial physical barriers to the movement of people with physical disabilities.
• Refusing to provide a reasonable accommodation to employees with physical or mental disability that would allow them to work.

If any of these things have happened to you on the job, you may have suffered disability discrimination. If you have a disability and are qualified to do a job, there are federal and state laws protecting you from job discrimination, harassment, and retaliation on the basis of your disability. 

The Americans with Disabilities Act Amendment of 2008 makes it illegal for private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment.  Sections of the ADA not relating to employment address discrimination by governmental agencies and in public accommodations.

The Rehabilitation Act makes it illegal to discriminate on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors.  The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in the Americans with Disabilities Act.
These are the primary federal laws that apply to workplace discrimination, although there are many other federal laws that make it illegal to discriminate on the basis of disability.

The California Fair Employment and Housing Act makes it illegal for an employer to discriminate on the basis of race, religious creed, color, age, national origin, ancestry, physical disability, mental disability, medical condition (history of cancer), marital status, sex, or sexual orientation.

California antidiscrimination law is often written or interpreted more broadly than federal law, especially in the areas of disability discrimination and sexual harassment.  Unlike federal law, coworkers who are not supervisors can be sued and held personally responsible for unlawful workplace harassment.  State law on disability discrimination differs in several ways from the federal Americans with Disabilities Act. The state law has: (1) broader definitions of physical disability, mental disability, and medical condition; (2) no requirement for a substantial limitation on a major life activity (a limitation is enough); and (3) limitation is determined without considering mitigating measures.

For years, Rancaño & Rancaño have provided advice and support to potential clients advising how best to protect their rights. Many employees incorrectly assume they know their rights because of something read on the Internet or the advice of friends.  Only an experienced lawyer, familiar not only with the law, but knowledgeable in how the law would be applied to a particular fact situation, can provide the most helpful advice. At Rancaño & Rancaño we have that knowledge and experience.

Set up an appointment for your free consultation today with Rancaño & Rancaño by calling us at 800-755-5557 or fill out the online Contact Form and we will contact you as soon as possible.