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 San Diego employment lawyers at Brown Employment Lawyers are here to help. Contact us for a confidential consultation.

Why Hire Browne Employment Lawyers For Your Disability Discrimination Claim? 

Opting for a law firm like Browne Employment Lawyers comes with numerous benefits that can significantly impact the success and experience of your legal journey. Here’s why you should work with us: 

Vetted Experience: With more than 10 years in practice, we have accumulated knowledge and expertise to navigate complex legal situations with confidence and proficiency. Our vast experience could prove advantageous in effectively resolving your case.

High Success Rate: Our firm has recovered millions of dollars while representing clients, showing an established positive case history.

Free Initial Consultation: We offer a free initial consultation so you can meet with us and determine if we are a good fit. You are never locked in and won’t have to spend a penny up front. 

No Win-No Fee Policy: Our payment policy requires no money up front, and you don’t have to pay us unless we win the case and recover compensation on your behalf.

If you need help with a claim, we’re here to help. Contact us to schedule your free consultation. 

Why You Need a San Diego Disability Discrimination Attorney For Your Claim

Navigating a disability claim can be complex, and having a dedicated disability attorney by your side can make the process much clearer. Here’s how they will help you:

Initial Consultation and Setting Expectations: Your disability discrimination lawyer will begin by familiarizing themselves with you and your unique situation. They will delve into details around the circumstances of alleged misconduct, gauge the strength of your case against your employer, and inform you about what can realistically be expected in terms of process, timeline, and potential outcomes.

Investigating on Your Behalf: An attorney would then gather any necessary evidence or witness statements that support your claims You might also be asked provide documentation such as medical records, job performance reviews, and correspondences between the involved parties.

Communicating with Employer: A lawyer will then engage in talks with the offending party either directly or by reaching out to their legal team. The goal here is to resolve the matter without having to go to court, which typically involves negotiating a settlement.

Representing You in Court if Necessary: Finally, should negotiation attempts fail, you may have to go to trial. An experienced attorney has the skills and expertise to represent you before a judge and jury.

It’s crucial that you work with an experienced lawyer to ensure you get what you’re entitled to.

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 discrimination – Anti-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

Damages and Remedies in Employment Discrimination Cases 

There are several types of damages and remedies available to employees who successfully prove disability discrimination in their workplace:

• Money Damages: Monetary compensation may cover back pay, front pay, promotion/raise income, health benefits, pension benefits, bonus payments, and pain/suffering or emotional distress.
• Equitable Remedies: Courts may order employers to hire an applicant or provide reasonable accommodations for an employee with a disability. This non-monetary remedy aims to restore the employee’s situation as if the discrimination had never occurred.
• Punitive Damages: To punish wrongdoers and deter other employers from engaging in similar wrongful behavior, courts may award punitive damages. 
• Attorney’s Fees and Court Costs: Successful plaintiffs may receive reimbursement for legal expenses related to their disability discrimination case, depending on the circumstances.

Contact Us for Help with Your Case

If you would like assistance with your disability-related claim, contact a knowledgeable workplace discrimination  lawyer at Browne Employment Lawyers, PLC. Contact us for a confidential consultation with a compassionate attorney.

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