Westridge Heights Disability Discrimination Lawyer
If you or someone you know has been discriminated against in the workplace or in the process of seeking employment, because of a mental disability, physical disability, or medical condition it may be beneficial to find legal representation. However, with an abundance of employment attorneys advertising in Westridge Heights claiming to be the “best” it can often be overwhelming to find the right attorney for your individual legal needs. As a California State Bar Certified lawyer Referral Service, RepresentYou.com can assist individuals who may be seeking legal representation by connecting those with employment related claims such as disability discrimination lawyers to attorneys with a minimum 20 years experience practicing law.
Employment practices in Westridge Heights 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. Examples of some of the unlawful employment practices that may result from disability discrimination may include, but are not limited to, at least one of the following: 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.
What is Disability Discrimination in Westridge Heights
A physical disability may include, but is not limited to, any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that both affects one or more body systems and limits an individual’s ability to participate in major life activities. Mental disabilities include any mental or psychological disorders, such as mental retardation, organic brain syndrome, emotional or mental illness, and certain learning disabilities. Medical conditions can include any health impairment related to or associated with a diagnosis of cancer, in which an individual has been rehabilitated or cured, based on medical evidence.
It is extremely significant that (in states such as California) physical and mental disabilities simply require a “limitation” upon a major life expectancy such as “working”. However, California’s law does not require, as does the Americans With Disabilities Act of 1990, a substantial limitation. The distinction is meant to provide broader coverage under California law than under the authority of the federal government. Further, California law considers all working to be a major life activity even if the working limitation relates to a particular employement or class. Consequently, even a minor or temporary work limitation will qualify for protection under the Fair Employment and Housing Act.
In most cases involving disability discrimination that occurs in the workplace or employment process the employer or other entity will be held legally responsible for discriminatory actions that are committed by its supervisors, managers, or other agents. Yet, in some cases an employer may not be liable for disability discrimination, such as in circumstances where, because of an individual’s disability, he or she cannot either (1) perform the essential duties of a position even with reasonable accommodations, or (2) cannot perform the essential duties of a position in a manner that would not endanger his or her own health or safety or the safety of others.
Do I Have a Disability Discrimination Case in Westridge Heights
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 Westridge Heights. Depending on the specific case, a disability discrimination claim may be handled in civil court and may proceed all the way to trial, while in other cases these claims may be settled through mediation, which involves a mediator bringing the involved 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. Arbitration will often significantly limit the awards one may recover from a disability discrimination case when compared to what one could recover from a jury trial, as this type of proceeding is often meant to favor the employer rather than the employee.
Most disability discrimination cases in Westridge Heights can be filed pursuant the California Fair Employment and Housing Act (FEHA), as the injured party in a disability discrimination case will be required to file a “Complaint of Discrimination” with the Department of Fair Employment and Housing (DFEH). Yet, in most circumstances it is crucial for the claimant to retain an experienced employment law attorney before contacting the DFEH, as a lawyer can produce a Complaint of Discrimination as well as provide the Department with a summary describing the discriminatory conduct. A Complaint of Discrimination must be filed within one year from the date of the last discriminatory act, and upon filing this complaint the DFEH will almost always send what is known as a Right-to-Sue Notice to either an employee’s lawyer or directly to the employee. A Right-to-Sue Notice will inform the recipient that he or she has one year from the date printed on the Notice to institute legal proceedings.
The types of remedies one may recover from a Westridge Heights disability discrimination cases can include compensatory damages, as well as punitive damages. Compensatory damages one may be able to recover in a disability discrimination case include damages for present and future emotional distress, present and future medical expenses such as psychiatric therapy and testing, cost of medication, present and future loss of earnings, attorney’s fees and interest from the time of misconduct. The claimant may also be entitled to punitive damages which are based on the reprehensibility of the offender’s acts, as the purpose of these damages is to punish the employer for the misconduct and deter other employers from violating their employees’ rights. Punitive damages can amount to as much as nine times the amount that has been awarded as compensatory damages.
California Government Code Section 12940 Disability Discrimination
As referenced throughout this article, this section is commonly known as the Fair Employment and Housing Act, which prohibits workplace 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.
Westridge Heights Workplace Disability Discrimination Attorney
At RepresentYou.com we understand that disability discrimination is a serious matter than often requires immediate attention. RepresentYou.com is State Bar of California Certified, which allows us to provide a legal referral that can connect individuals with disability discrimination complaints to experienced and ethical employment lawyers who can help to resolve claims of disability discrimination in Westridge Heights. RepresentYou.com’s panel member attorneys are held to very high standards as all of our employment attorneys have a minimum 20 years experience practicing law, have never been disciplined by any bar association, and carry adequate malpractice insurance for client protection.
RepresentYou.com’s panel member attorneys in the Westridge Heights area also have extensive experience in other areas of employment law, such as sexual harassment lawyers,intentional infliction of emotional distress lawyers, other types of workplace discrimination, wrongful termination attorneys and wrongful constructive termination lawyers, andwages and hours attorneys.
If you are seeking an employment lawyer in Westridge Heights to handle your disability discrimination claim you can contact RepresentYou.com 24 hours a day, 7 days a week to speak to a representative 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 client convenience we also offer staff fluent in English, Spanish, French, and Portuguese.