You are not required to disclose a disability unless you need a reasonable accommodation to perform your job duties. In that case, you must provide enough information for your employer to understand your needs.
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(415) 444-5800Disability Discrimination
San Francisco Disability Discrimination Attorney
California employment laws, such as the Fair Employment and Housing Act (FEHA), make specific types of discrimination unlawful, including discrimination based on an employee’s physical or mental disability, perceived disability, or association with a disabled person.  Additionally, the FEHA requires an employer to engage in the interactive process with disabled employees to determine what reasonable accommodations may be available to assist them in the performance of their job duties.
Although some employers may have concerns that disabled employees might have more challenges performing essential job duties, state and federal laws provide that disabled individuals should have employment opportunities that are equal to those of any other employee or applicant.
Californians are protected from discrimination in the following phases of an employment relationship:
- The hiring processes—applications, interviews, etc.
- Benefits determinations
- Daily work environment
- Reviews and considerations for promotions or pay raises
- Discipline or suspension
- Discharge or termination
If you have been the victim of discrimination at work because of an actual or perceived disability, you should consult with a seasoned San Francisco disability discrimination lawyer. At the Law Offices of Jeannette A. Vaccaro, we have extensive experience representing employees in disability discrimination lawsuits in California and know the relevant laws to apply to protect your rights.
Types of Disability Discrimination
Acts of disability discrimination can happen in any type of workplace, and they might include:
- Harassment based on an employee’s disability, including negative comments about the employee’s disability, request for reasonable accommodations, or need for medical leave
- Failing to participate in the interactive process to determine what reasonable accommodations might be available to a disabled employee
- Failing to provide reasonable accommodations to a disabled employee
- Denying a disabled employee with training opportunities or other benefits of employment available to other employees
- Imposing eligibility criteria that have a disparate impact on employees with disabilities, unless necessary to the execution of the position
Reasonable Accommodation Laws
State laws forbid discrimination against a disabled individual, but they also require that employers make reasonable accommodations to help disabled employees to perform their jobs. Examples of reasonable accommodations include:
- Modified technology or office equipmentÂ
- Job reassignment or transfer
- Modified schedules
- Accessible office and meeting spaces
- Intermittent leaves of absence
If an employer denies an employee’s request for reasonable accommodation, the employee should consult with a San Francisco disability discrimination attorney to ensure the employer managed the request legally and adequately. Disabled employees are protected by law from retaliation for requesting a reasonable accommodation at work.
Speak with a Compassionate San Francisco Disability Discrimination Lawyer Today
If you suffered discrimination in the workplace because of a disability, you may be entitled to recover damages for back pay, front pay, lost benefits, emotional distress, and even your attorney fees. You may also be entitled to receive punitive damages if you can prove that the employer engaged in a discriminatory practice with malice, oppression, or fraud.
As with all legal matters, deadlines are critical. Contact a seasoned San Francisco disability discrimination attorney at the Law Offices of Jeannette A. Vaccaro PC today to receive a no-obligation case consultation.
FAQs About Disability Discrimination in California
What is a "reasonable accommodation?"
Reasonable accommodations provide adjustments to the workplace or job responsibilities designed to enable employees with disabilities to effectively perform their essential duties. Examples include modified work schedules, assistive devices or a transfer to a vacant position.
What should I do if I believe I am experiencing disability discrimination at work?
If you suspect disability discrimination, begin by documenting specific incidents and gathering any evidence that supports your claims. You can then file a formal complaint with your employer or contact the California Department of Fair Employment and Housing (DFEH) to report the issue.
What if my employer refuses to provide a reasonable accommodation?
If your employer unjustly denies your request for accommodation, you should ask for a written explanation. You may also contact the DFEH or seek advice from an employment attorney to explore your legal options thoroughly.
Am I protected from retaliation if I report disability discrimination?
California law strictly prohibits employers from taking retaliatory actions against employees who report discrimination or request reasonable accommodations. Retaliation can include adverse actions such as termination, demotion or harassment.
Think You May
Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.
Over
$20 MILLION
Recovered on Behalf of Employees
Think You May Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
$2,000,000
Settlement after arbitration in a disability discrimination case involving a tech worker.
$1,822,000
Settlement after successful jury verdict in disability discrimination case.
$1,021,000
Arbitration award in race harassment and discrimination suit.
$924,000
Arbitration award obtained on behalf of employee terminated on account of his national origin.
$800,000
Settlement on behalf of a janitor in a medical leave retaliation case.
$695,000
Jury verdict obtained on behalf of long-term employee in suit for unpaid wages.
$475,00
Settlement for employee that was retaliated against on account of reporting discrimination.
$425,000
Settlement for employee discriminated against on account of her gender and age.
$425,000
Pre-litigation settlement for victim of race & national origin discrimination.
$400,000
Settlement negotiated in a gender discrimination case.
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