San Diego Disability Discrimination 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.
