Workplace Disability Discrimination in Los Feliz
If you or someone you know has a mental disability, physical disability, or medical condition and feel that you have been discriminated against in the workplace or in the employment process because of this disability or condition it might be a good idea to find legal assistance. However, with an abundance of employment attorneys advertising in Los Feliz claiming to be the “best” it can often be overwhelming to find the right attorney for your individual legal needs. RepresentYou.com is a California State Bar Certified lawyer Referral Service that can help individuals who may be seeking legal assistance by providing access to employment law attorneys who have a minimum 20 years experience practicing law and handling employment related claims such as disability discrimination law.
Employment practices in Los Feliz are considered to be any act, omission, policy or decision affecting an individual’s consideration for employment, training, or employment benefits, such as a promotion, raise in compensation, or a bonus. According to California’s Fair Employment and Housing Act, employment practices, as mentioned above, are to equally evaluate an employee or an applicant, while taking into consideration his or her individual skills, knowledge, and abilities pertinent to a position of employment, rather than his or her disability or medical condition.
Disability discrimination occurs when an employment practice denies, in whole or in part, an employment benefit to an individual because he or she is an individual with a physical disability, mental disability, or medical condition. Disability discrimination can include, but is not limited to, at least one of the following unlawful employment practices: refusing to hire or employ, refusing to select a person for training leading to employment, discharging from employment or from a training program leading to employment, or discriminating in compensation or in the terms, conditions, or privileges or employment.
Disability Discrimination in Los Feliz
Physical disabilities are those that both affect one or more body system and limit an individual’s ability to participate in major life activities, as such disabilities may include, but are not limited to, the following: Any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss. A mental disability is any mental or psychological disorder, which includes, but is not limited to, mental retardation, organic brain syndrome, emotional or mental illness, and certain learning disabilities. A medical condition may include any health impairment related to or associated with a diagnosis of cancer, whereby a person was either rehabilitated or cured based on medical evidence.
It seems important to note that, in states such as California, any mental or physical disability need only present a limitation on a major life expectancy such as working. Conversely, the Americans With Disabilities Act of 1990 requires a substantial limitation. This distinction is intended to and does result in broader coverage under California law than it does under federal law. Further, regardless of whether the working limitation relates to a particular employment or a class, working is, by definition, a major life activity. The result is that even a minor or temporary work limitation wil qualify for protection under the Fair Employment and Housing Act.
In most cases involving disability discrimination an employer or entity will be held legally liable for discriminatory actions committed by its supervisors, managers, or other agents.However, employers may not be held liable for disability discrimination if, because of an individual’s disability, he or she cannot perform the essential duties of a position even with reasonable accommodations, or if he or she cannot perform the essential duties of a position in a manner that would not endanger his or her own safety or health or the safety of others.
Do I Have a Disability Discrimination Case in Los Feliz
Available evidence introduced by one’s employment disability attorney, the type of legal proceedings involved in the case, and the specific relief one has been granted are all important factors that will help to determine the type and amount of remedies one may be able to recover from a workplace discrimination case in Los Feliz. Depending on the specific factors involved in a particular case, a disability discrimination claim may be filed in civil court and may proceed all the way to trial, while in other situations a case may be resolved through a process known as mediation, where a mediator brings the parties together to settle the dispute.
Due to some employment agreements, many claims involving disability discrimination are subject to what is known as arbitration rather than to a jury trial, because the pertinent employment agreement will designate arbitration as the exclusive type of proceeding in the case. This type of legal proceeding is most often meant to favor the employer rather than the employee, and the awards for arbitrations cases are usually much lower in comparison to cases that are heard before a jury.
Since a majority of disability discrimination cases are violations of the California Fair Employment and Housing Act (FEHA), the injured party can often file a claim pursuant to this act by filing what is known as a Complaint of Discrimination with the Department of Fair Employment and Housing (DFEH). However, is it much more beneficial for the injured party to retain a knowledgeable employment lawyer before contacting the DFEH at all, as an attorney can both prepare this Complaint for an employee and provide a summary fully describing the discriminatory conduct. After filing a Complaint of Discrimination, which must be filed within one year from the date of the last discriminatory act, the DFEH will almost always send either an employee’s lawyer or an employee what is known as a Right-to-Sue Notice. This notice will advise the recipient that he or she has one year from the date stated on the Notice to institute legal proceedings.
Remedies that are recoverable from a disability discrimination case in Los Feliz are usually compensatory damages, punitive damages, or both types of damages. Compensatory damages which may be awarded for disability discrimination claims include damages for present and future emotional distress, present and future medical expenses such as therapy, consultation and testing, cost of medication, present and future loss of earnings, attorney’s fees and interest from the time of misconduct. In addition to compensatory damages a claimant may also be entitled to punitive damages that are based on the reprehensibility of the offender’s acts. Punitive damages are awarded in order to punish the employer for the misconduct and to deter other employers from violating their employees’ rights. The amount awarded for punitive damages can amount to as much as nine times the amount which has been awarded as compensatory damages.
Disability Discrimination Code California Government Section 12940
As has been mentioned above, this section is known as the Fair Employment and Housing Act, which prohibits discrimination based upon mental disability, physical disability, and certain medical conditions. After proof of unlawful practices under this Act the Fair Employment and Housing Commission (FEHC) has broad statutory authority to make claimants whole by awarding back pay (including fringe benefits) and front pay which includes payment meant to offset losses of income to an employee or restoration to a promotion to which he or she has been wrongfully denied. Yet, before a contacting the DFEH or FEHC on his or her own, it is strongly recommended that whenever possible the employee retain a private employment attorney.
Los Feliz Workplace Disability Discrimination Attorney
At RepresentYou.com we understand that disability discrimination is a serious matter than often requires immediate attention. RepresentYou.com is a State Bar of California Certified lawyer Referral Service that can connect you to experienced and ethical employment law attorneys who can assist you in every step along the way to resolving your Los Feliz employment disability discrimination case. All of RepresentYou.com’s panel member employment law attorneys are held to some of the highest standards, as all of our lawyers have a minimum 20 years experience practicing law, have never been disciplined by any bar association, and carry malpractice insurance to protect clients.
RepresentYou.com panel member attorneys also have much experience handling other types of employment claims in Los Feliz, such as other types of workplace discrimination,wrongful termination lawyers and forced to resign or quit lawyer, intentional infliction of emotional distress attorneys, sexual harassment attorneys, and wages and hours lawyers.
If you feel that finding legal representation may be necessary for handling your disability discrimination claim you can contact RepresentYou.com 24 hours a day, 7 days a week to speak with one of our representatives about your case. You can contact RepresentYou.com by submitting your information on our website RepresentYou.com or you can call us toll-free at 1-888-973-7968. For your convenience we also have representatives who are fluent in English, Spanish, French, and Portuguese.