Disability Discrimination Lawsuit
Disability Discrimination Lawsuit
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. There is no shortage of employment attorneys and with all of the legal advertisements claiming competence and promising success so it can often be very difficult to locate the right attorney who can best handle your specific legal needs. As a California State Bar Certified lawyer Referral Service, RepresentYou may be able to assist individuals in finding a disability discrimination lawsuit lawyer with a minimum 20 years experience practicing law.
A Disability discrimination lawsuit involves an employment practice that denies an individual of an employment benefit because the employee or applicant is an individual with a physical disability, mental disability, or medical condition. Examples of some of the unlawful employment practices that may result in a disability discrimination lawsuit may include, but are not limited to, 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.
Practices include any act, omission, policy or decision that affects an individual’s consideration for employment, training, or employment benefits. These can include a promotion, raise in compensation, or a bonus. Employment practices, as mentioned above, are required by California’s Fair Employment and Housing Act to evaluate all individuals equally, and employment considerations are to be based on an individual’s skills, knowledge, and abilities that pertain to a position of employment, rather than on whether or not an individual has a disability or medical condition.
Disability Discrimination Lawsuit
Physical disabilities are those that both affect one or more body systems 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. Mental disabilities include any mental or psychological disorders, such as mental retardation, organic brain syndrome, emotional or mental illness, and certain learning disabilities. A medical condition includes any health impairment that is related to or associated with a diagnosis of cancer, which involves circumstances where a person has been rehabilitated or cured, based on medical evidence.
Physical and mental disibilites, in states such as California, require only a limitation on a major life expectancy such as working. This means that, unlike the Americans With Disabilities Act of 1990,California law does not require 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 main take away is that even a minor or temporary work limitation will qualify for protection under the Fair Employment and Housing Act, even if it does not necessarily qualify under federal law.
In most cases involving a disability discrimination lawsuit an employer or entity will be held legally liable for discriminatory actions committed by its supervisors, managers, or other agents. Yet, in some cases an employer may not be liable for a disability discrimination lawsuit, 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.
Workplace Disability Discrimination Lawsuit Process
The type and amount of remedies one may be able to recover from a disability discrimination lawsuit case may ultimately depend on the following factors: available evidence introduced on one’s behalf by his or her disability discrimination lawsuit attorney, the type of legal proceedings involved in the discrimination case, and the specific relief that has been granted. Depending on the specific case, a disability discrimination lawsuit 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. Mediation involves a mediator bringing the involved parties together to settle the dispute.
In many cases involving disability discrimination lawsuit, the claim will be subject to a legal proceeding known as arbitration rather than to a jury trial, as an individual’s employment agreement with his or her employer may designate mediation as the exclusive type of proceeding in the case. Arbitration is often meant to favor the employer rather than the employee in disability discrimination lawsuit cases, and the awards for arbitration cases are usually considerably lower than what the claimant would recover in a jury trial.
The vast majority of disability discrimination lawsuit cases can be filed pursuant to the California Fair Employment and Housing Act (FEHA), and in this type of proceeding it is required that the injured party file what is known as a Complaint of Discrimination with the Department of Fair Employment and Housing (DFEH). Although, it can be very beneficial for the injured party to retain a competent employment attorney before contacting the DFEH, as an employment lawyer can prepare an employee’s Complaint as well as provide the Department with a written summary that fully describes the discriminatory conduct. Following the filling of 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 what is known as a Right-to-Sue Notice to either the 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.
In a disability discrimination lawsuit case an injured party can often recover compensatory damages, while in some cases one may be entitled to additional remedies known as punitive damages. Compensatory damages which may be awarded for disability discrimination lawsuit 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. Punitive damages can amount to as much as nine times the amount that has been awarded as compensatory damages.
California Section 12940 & Lawsuits
As has been pointed out above, this section is commonly referred to as the Fair Employment and Housing Act, which prohibits discrimination based on one’s mental disability, physical disability, and certain medical conditions. After proving an unlawful practice under the Fair Employment and Housing Act, the Fair Employment and Housing Commission (FEHC) has broad statutory authority to make claimants whole by awarding back pay, 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. Although, it is highly recommended that whenever possible an employee should retain a private employment lawyer before contacting the DFEH or FEHC on his or her own.
Workplace Disability Discrimination Lawsuit Attorney
RepresentYou understands that disability discrimination lawsuit is very serious and that such cases often are in need of immediate legal attention. RepresentYou is State Bar of California Certified, which allows us to provide a legal referral that can connect individuals with disability discrimination lawsuit complaints to experienced and ethical employment lawyers who may be able to help with a disability discrimination lawsuit. All of RepresentYou’s panel member employment law attorneys are held to some of the highest standards. 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 panel member attorneys also have much experience handling other types of employment claims, 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 are seeking an employment lawyer to handle your disability discrimination lawsuit claim you can contact RepresentYou 24 hours a day, 7 days a week to speak to a representative about your case. You can contact RepresentYou by submitting your information on our website RepresentYou.com or you can call us toll-free at 1-888-973-7968. We also offer staff fluent in English, Spanish, French, and Portuguese.