Disability Discrimination Attorneys in Oakland

You deserve to be treated fairly under the law

Disability law is based on the principle that people with disabilities should be able to have normal, productive careers like any other worker and should not lose their jobs for lack of reasonable accommodations that will enable them to keep working.

According to the Center for Disease Control (CDC) 53 million Americans live with a disability. Laws like the Americans with Disabilities Act (ADA) help disabled people make important contributions by prohibiting employment discrimination. An employer in California with five or more employees cannot fire an employee because of a disability without first engaging in an "interactive process" -- a discussion to try to find reasonable accommodations that will help the employee keep working.

Disabled people in the workforce:
U.S. employment rate for persons with disabilities

In 2021, 19.1 percent of persons with a disability were employed, compared to 63.7 percent of persons without a disability.

Our Oakland employment attorneys have years of experience handling disability discrimination and wrongful termination cases. We are prepared to help you get compensation and put an end to your employer’s discriminatory practices.

How do I know if I’m protected under the ADA and California Law?

Not all disabilities are obvious or can be seen

The Americans with Disabilities Act and California laws protect employees from employment discrimination because they have a disability, a history of disability, or the employer believes they have a disability. Employers must discuss reasonable accommodation with disabled employees upon request, or when the need for accommodation becomes obvious.

Disabilities affect major life activities

A disability interferes with a major life activity

California's Fair Employment and Housing Act (FEHA) defines disability as a physical or mental impairment that limits how a person performs a major life activity.

Major life activities include working, seeing, hearing, sleeping, breathing, walking, thinking, learning, or the operation of major bodily functions. The condition does not have to be life-long, or permanent. However, short-term illness, or common stress and depression may not rise to this level.

What does "reasonable accommodation" mean at work?

A reasonable accommodation can be any form of assistance that helps the employee keep working, and isn't excessively costly or disruptive

Employers must discuss reasonable accommodation with disabled employees upon request, or when the need for accommodation becomes obvious. While it is a good idea to get a doctor's note stating the accommodations needed, it is not required. All you need to do is communicate to your employer that due to a medical condition, you need a particular accommodation.

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What are some examples of accommodation at work?

Reasonable accommodation can include any kind of change to a specific job or work environment that will allow the employee to complete the essential functions of the job, or find a better-suited job. The point of reasonable accommodation is to create an equal working environment for people with disabilities. Some examples are:

1 Part-time or modified work schedules
2 Job restructuring
3 Acquisition or modification of work equipment or devices
4 Making existing facilities readily accessible to individuals with disabilities
5 An extended medical leave of absence
6 Temporarily converting a position to light-duty
7 Reassignment to another open position
8 Any other form of assistance that helps the employee keep working, and isn't excessively costly or disruptive
Can an employer refuse accommodation?

An employer may turn down a request for accommodation if it causes undue hardship. Undue hardship means the employer can show that the request for accommodation would be too costly or burdensome. There is no exact rule for what this means, and the size and resources of the employer is a major factor. As an example, a small, local business might not be able to let one of its employees take an extended leave of absence, while a multinational corporation could do so.

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undue-hardship

For example, a small business might not be able to let an employee take an extended leave of absence, while a multinational corporation could.

All options must be pursued

Even if there is no way you can do your job with an accommodation, the employer must try to find other open jobs you could do. Your employer must help you identify potential jobs and give you preference for the potential new job.

How many people are affected by disabilities in the United States?
Types of disabilities affecting Americans
Disability discrimination and workers' compensation claims

Employees injured on the job may have to file a workers compensation claim and see a physician designated by their employer or the employer’s insurance company. If the condition does not improve the workers compensation doctor may declare that the employee's condition is "permanent and stationary." However the employer still must try to find an accommodation that will let the employee return to work in his or her original job, or another open position.

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Disability discrimination during the hiring and interview process

An employer may not discriminate in hiring on the basis of disability. Unfortunately it does happen, so you should know your legal rights.

You are not required to disclose your disability during the hiring process, and employers may not ask medical questions unless they are job-related. However if you choose to disclose, or your disability is obvious, the employer may ask if you need accommodation to perform the job. If you do not disclose your need for accommodation during the hiring process you will need to do so after you are hired.

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CASE STUDY

Wrongful termination due to disability

Our client asked to work remotely to address his foot problem (which limited his ability to drive for long periods), but was told no accommodation would be provided, forced onto a medical leave, and then fired two days after trying to come back to work.

RESULT

We were able to get our client $725,000 in compensation after filing suit for disability discrimination, failure to accommodate, forced onto medical leave, and wrongful termination.

1
WHAT HAPPENED
Our client has a foot problem that limits their ability to drive for long periods.
2
WHAT HAPPENED
Our client asked to work remotely to address this foot problem.
3
WHAT HAPPENED
Our client was told no accommodation would be provided, forced onto a medical leave, and then fired two days after trying to come back to work.
4
WHAT HAPPENED
The company had an unqualified HR department with no policies on accommodating disabled employees.
5
WHAT HAPPENED
We were able to get our client compensation after filing a lawsuit for disability discrimination.
Call for a free case evaluation

If you have been wrongfully terminated or suffered workplace discrimination due to a disability, the law gives you the power to recover damages and put a stop to illegal employment practices for the benefit of others. Contact the experienced employment attorneys at Erlich Law Firm today to get started.

(510) 390-9140

Client testimonials
Jason took the time to explain and guide me through the challenging process, and went the extra steps in consistently providing guidance and putting my concerns and questions high on their list.

Jeff V., Oakland

Jason Erlich made me feel like I was in the right place right away.I had some serious problems with a previous employer and he took care of everything. From the start he helped with my concerns and fears going up against a big corporation.

Susan W., Pacifica

With Jason’s expertise, commitment and aggressiveness, the case is now over and it’s only been 6 months!! I would HIGHLY recommend Jason Erlich to anyone that needs an employment lawyer.

Carla, Petaluma

I can highly recommend Jason Erlich Esq. for any employment law matter. He is an outstanding lawyer, embodies a mix of honesty, knowledge, client care and tough mindset.

Roger J., Oakland

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