Workplace discrimination is an unfortunate reality in many organizations. Disability discrimination transpires when an employer treats an employee or job applicant unfavorably because they have a disability. This kind of discrimination is not only unethical but also illegal in California. If you experienced an employer refusing to hire you, firing or demoting you, or failing to provide the same opportunities within the company based on your disability, you may have the right to pursue a discrimination claim with the help of an experienced employment lawyer.
At Blackstone Law, we are the leading employment lawyers in Los Angeles and surrounding areas. Our award-winning team is equipped with the resources, skills, and knowledge to provide diligent representation for discrimination victims. We know how devastating these types of cases are, so we handle all aspects of your case to enable you to focus on moving forward.
4 Signs of Workplace Disability Discrimination
The following are the five most common examples of disability discrimination in the workplace:
1. Denying to Hire an Applicant Based on a Disability
You may have experienced an incident where you had a promising phone interview, but when you arrived for an in-person interview, the employer cut the interview short once they saw your disability. Alternatively, you may have had a successful interview process until you asked the employer about reasonable accommodations for your disability, and they retracted their employment offer shortly after.
According to Cal. Code Regs. Tit. 2, § 11071, a prospective employer cannot ask disability-related questions or require medical examination until they propose a conditional job offer. However, there is an exception if you have an obvious disability or willingly disclose your disability. They can ask limited questions about what types of accommodations you would require before making an offer. After obtaining a job offer, your employer is permitted to ask limited questions or require a medical exam, seeing as all applicants are given the same treatment.
Unfortunately, employers who discriminate do not openly admit their reasons for refusing to hire an applicant. Even if the reason was due to a disability, they may lie or offer an excuse. Working with the experienced lawyers at Blackstone Law may help you uncover evidence that demonstrates a prospective employer’s discriminatory motive.
2. Terminating or Demoting an Employee Based on a Disability
It is unlawful for an employer to take negative action against an employee based on a disability. Adverse actions may include the following, just by way of example:
- Terminating your employment
- Demoting you from your position
- Modifying your schedule or cutting hours
- Failing to appoint you to priority projects
- Denying to put you in a client-facing role
- Failing to provide opportunities or deserved promotions
- Excluding you of benefits that other employees enjoy
- Taking unfair disciplinary action against you
- Reducing your pay, salary, or benefits
It is also unlawful for an employer to retaliate against an employee for filing a complaint of disability discrimination. If you suffered disability discrimination in the workplace, seek the legal guidance of the employment lawyers at Blackstone Law.
3. Workplace Harassment
Disability discrimination and harassment lead to a toxic or hostile work environment, which can cause long-term psychological suffering. Whether you are the target of harassment by a coworker, a supervisor, or a subordinate, you may have legal options to pursue damages.
Disability harassment in the workplace may include:
- Verbal harassment
- Invasive comments or questions about your disability
- Calling you out for the treatment or accommodations you receive
- Denying reasonable accommodations for you to do your job
- Failing to stop harassing behavior once reported
- Pushing you into positions that worsen your disability
- Continually making assumptions about your capabilities
Disabled workers have the right to an inclusive workplace that is safe, secure, and free from harassment.
4. Failing to Provide Reasonable Accommodations
Under the Americans with Disabilities Act (ADA), employers are mandated to provide reasonable accommodations to enable you to complete essential job duties. If your employer fails to provide these adjustments or modifications, you can seek damages for discrimination.
The following are examples of reasonable accommodations employers should provide to disabled employees, as described by the law:
- Modifying job tasks
- Approving leave for medical care
- Adjusting work schedules
- Relocating the work area
- Providing necessary tools, such as mechanical or electrical aids
When offering accommodations, your employer must engage in the interactive process to ensure your needs are met. An employer must also provide you with appropriate accommodations, unless doing so would impose an “undue hardship” on the employer.
Speak With the Disability Discrimination Lawyers at Blackstone Law
If you suffered workplace discrimination based on your disability, the lawyers at Blackstone Law are prepared to fight for the justice you deserve. We will help you navigate the legal process and protect your best interests every step of the way.
With our comprehensive track record of success, you can rest assured that our employment lawyers know how to build a strong case on your behalf. For a free consultation, call (310) 956-4054 today or fill out a contact form.