You are protected from discrimination regardless of a disability, under specific circumstances, because of the Americans with Disabilities Act. The Americans with Disabilities Act is a civil rights law that provides protection similar to the Civil Rights Act of 1964. Disability discrimination occurs when an employer treats an employee, who has a qualified disability, unfavorably solely because the employee is disabled.
The word, “disability”, can be defined in the traditional physical sense, such as the need for a wheelchair, but can also include chronic health conditions or a history of chronic health conditions, such as cancer that is in remission. It is important to note that the law is specific regarding what is, and what is not, considered a disability. If you are not sure if your condition qualifies, you should speak with a qualified attorney for clarification.
California employers are required to provide reasonable accommodations for disabled employees. Reasonable accommodations may include, altering the layout of a work environment, or altering the traditional way that work is done. For example, an employer may typically require employees to stand behind a cash register while helping customers. If a person has a physical disability that does not allow standing for several hours, but is otherwise completely able to perform the other requirements of the job, then the employer could accommodate the disabled employee by allowing the employee to sit on an appropriate height stool or chair while helping customers.
Employers are not required to provide accommodations if it presents an undue hardship for the employer. Undue hardship includes excessive difficulty or cost given the employer’s size and financial resources. It is also important to remember, that protection is only provided to disabled individuals who are qualified for the job in every way other than the disability. Additionally, in order for behavior to be considered disability discrimination, the unfavorable treatment must be solely tied to the individual’s disability.
Proving discrimination can be challenging, but with the right legal team, it can be done. There are a variety of ways that the qualified lawyers at Kingsley & Kingsley can assist you. Take the first step to protecting yourself and stopping this hurtful and illegal behavior. Take advantage of a free initial consultation to discuss your specific case by calling the toll free number (888) 500-8469 or click here to contact us regarding your case.