Rancaño & Rancaño
Modesto Disability Discrimination Attorneys
Disability discrimination means treating individuals differently in employment because of their disability, or 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 (ACA) OF 2008
The Americans with Disabilities Act Amendment of 2008 makes it
illegal for private employers, state and local governments, employment agencies,
and labor unions TO discriminate against qualified individuals with disabilities in
job application procedures, hiring, firing, advancement, compensation, job training,
and other terms, conditions and privileges of employment.
THE REHABILITATION ACT
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.
THE REHABILITATION ACT
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.
These are the primary state & federal laws that apply to workplace discrimination, although there are many other state & federal laws that make it illegal to discriminate on the basis of disability.
The Difference Between State & Federal Discrimination Laws
California anti-discrimination 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:
- Broader definitions of physical disability, mental disability, and medical condition.
- No requirement for a substantial limitation on a major life activity (a limitation is enough).
- Limitation is determined without considering mitigating measures.
For years, Rancaño & Rancaño's legal experts have provided advice to clients about 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, but only an experienced lawyer can
provide the most helpful advice. With more than 20 years of experience successfully
representing victims of disability discrimination throughout the greater Modesto
area, we have that knowledge and experience. If you are the victim of disability
discrimination, your well-being and your rights are our first priority.
YOU MUST ACT IMMEDIATELY
People who seek representations early on in their claim have the best outcomes. Call us for a free consultation immediately if you are a victim of disability discrimination in Modesto.
Have You Been A Victim Of Disability Discrimination?
We will fight to ensure that you receive full and just compensation for your losses. And we will go to trial to take on major corporations and insurance companies if necessary. Let us take care of every detail of your claim, so you can concentrate on the most important part – your recovery.