Disability Discrimination

San Diego Disability Discrimination Lawyer

Southern California Employment Law Attorney

Both the Americans With Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) prohibit employment discrimination on the basis of either a physical disability, a mental disability or a medical condition.

It may therefore be illegal for an employer to do any of the following:

  • Ask a job applicant about his or her health conditions
  • Require a job applicant to take a medical exam
  • Refuse to hire a qualified person with a disability
  • Refuse to take reasonable steps to modify a disabled employee’s work station or job duties
  • Fire an employee who develops a disability but can still do his or her job with a reasonable accommodation
  • Refuse to find modified or alternative work for an injured employee
  • Refuse to allow an injured employee to return to work unless “fully healed”
  • Refuse to have a meaningful discussion with a disabled employee about a reasonable accommodation
  • Refuse to return an employee to work after the employee has received workers’ compensation

Employers who violate these laws must pay the mis-treated employee lost wages, medical expenses, attorney fees and compensation for emotional and mental distress and suffering, inconvenience and loss of enjoyment of life.

An employee should talk to a lawyer as soon as the employee suspects that disability discrimination is taking place. A lawyer can provide advice at a very early stage. There are also time limits for bringing disability discrimination claims if the problem cannot be resolved directly with the employer.