Coyle Browne Law

San Diego Disability Discrimination Lawyer

San Diego Disability Discrimination Attorney

In most cases, employers cannot take adverse action against employees or applicants because of their physical or mental disability. Additionally, employers may be required to provide reasonable accommodations to individuals with a disability. If you believe you were discriminated against at work because of a disability, the knowledgeable lawyers at Coyle Brown PLC are here to help. Contact us for a confidential consultation.

Disability Discrimination Laws

There are several anti-discrimination laws that protect workers with disabilities. The Americans with Disabilities Act (ADA) protects qualified individuals from employment discrimination. Qualified individuals are those who can perform the essential functions of the job with or without reasonable accommodations. The ADA applies to individuals who have a physical or mental impairment that substantially limits one or more major life activities, have a history of an impairment of this nature, or are regarded as having such an impairment.

The California Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against employees based on mental or physical disabilities.

These laws protect individuals with disabilities from workplace discrimination.

Rights of Workers with Disabilities

Workers with disabilities have a number of rights, including:

  • The right to be free of discriminationAnti-discrimination laws prevent applicants and employees from being discriminated against because of their perceived or actual disability. This includes freedom from discrimination against them by refusing to hire, refusing to select for a training program, failing to promote, assigning different duties, harassing, firing, disciplining, or providing less favorable terms, conditions, or privileges of employment.
  • The right to reasonable accommodations – Employers must provide reasonable accommodations to workers who are unable to perform the essential functions of the job due to their disability. Employers have to engage in a good-faith process with workers to determine appropriate accommodations.
  • The right not to answer certain questions – Employers and potential employers cannot ask applicants or employees about the nature of their disability. They cannot ask about their health, physical disability, mental disability, or their general health other than to ask whether they are able to perform the basic functions of the job.
  • The right not to take unnecessary exams – Workers cannot be required to take a medical or psychological exam if other applicants are not required to take such exams or the exam is not job-related and consistent with business necessity.

What Is a Reasonable Accommodation?

A reasonable accommodation is a modification that would allow a worker with a disability to perform the essential functions of the job, such as:

  • Modifying job requirements
  • Reducing work hours
  • Reassigning a worker to a different position
  • Making changes to job schedules
  • Modifying work equipment
  • Making changes to training materials
  • Permitting a service dog in the workplace

The exception to a reasonable accommodation is if the accommodation would cause undue hardship to the business. Undue hardship causes significant difficulty or expense. Several factors may be considered when determining whether an accommodation would cause undue hardship, including:

  • The nature of the proposed accommodation
  • The cost of the proposed accommodation
  • The financial resources of the company
  • The number of employees at the facility
  • The effect the accommodation would have on expenses and resources
  • The number and location of facilities
  • The business’ operations
  • The structure of the company’s workforce

Contact Us for Help with Your Case

If you would like assistance with your disability-related claim, contact a knowledgeable lawyer at Coyle Brown Law. Contact us for a confidential consultation with a compassionate attorney.

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