Los Angeles Disability Discrimination Attorneys
We Are Prepared to Defend Your Labor Rights
Our legal team at Azadegan Law Group, APC knows that disabled people throughout Los Angeles face various instances of discrimination in the workplace every day and don’t feel like they can report it because they fear their employer will fire them for speaking up. Although it is illegal for employers to discriminate against an employee based on their disability or medical condition, disabled individuals still sometimes find that their status impacts their employer’s decisions regarding aspects of employment like hiring, firing, training, job assignments, promotions, and demotions.
Anti-Discrimination Laws that Protect Disabled Workers
In addition to the Family & Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), disabled workers are also provided crucial employment protections under the California Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA).
Protections included under the FEHA include:
- Employers must make reasonable accommodations for disabled workers to perform their job duties. An accommodation is considered reasonable if it does not impose an undue hardship on the employer’s business.
- Employers can’t ask questions about an applicant’s health or medical history during a job interview. However, employers can ask about an applicant’s ability to perform specific tasks.
- Employers can only require a medical examination after a conditional job offer has been made. Post-offer medical examinations are permissible if other employees in similar positions are required to submit to such exams. Post-offer medical examination results must be treated as confidential medical records and maintained on separate forms.
Under both Federal and State law, private employers, state and local governments, employment agencies, and labor unions can’t:
- Discriminate against qualified disabled applicants in hiring, firing, job advancement, compensation, training, and other terms, conditions, and privileges of employment.
- Deny reasonable accommodation if a qualified applicant or employee has a known disability.
- Treat an employee less favorably due to their medical condition history or the perception thereof.
Under the FMLA and the CFRA, eligible employees can:
- Take up to 12 weeks of unpaid leave to recover from a serious health condition or to care for a newborn, a newly adopted child, or a seriously ill child, parent, or spouse. FMLA leave is unpaid, but employers can choose to allow employees to use paid leave, like accrued vacation time or sick leave.
Speak with Our Experienced Team of Discrimination Lawyers Today
Azadegan Law Group is committed to fighting for the rights of disabled employees throughout the greater Southern California area. We take great pride in using our insightful knowledge of the law and extensive resources to help clients of all backgrounds secure the justice they deserve. If you have faced workplace discrimination due to your disability, then please get in touch with us today so we can get to work devising a customized legal strategy to pursue your case goals.
Please give us a call today at (310) 340-1550 or contact us online to set up a case consultation with a lawyer at our firm.