Having a disability is not a disqualification from employment. Federal and state laws protect individuals from discrimination based on a disability. In addition, the laws require employers to make reasonable accommodations for employees with disabilities.
If you believe that an employer has discriminated against you because of a disability or illness, contact the Law Office of Alisa Goukasian for a free consultation by calling 818-242-4601.
There are many ways an employer can discriminate against an individual with a disability. It is also important to note that the person does not need to have a disability to be the victim of disability discrimination. If the employer discriminates because the employer perceives that a person is disabled, the employer can be held to the same standard as the employer would be held if the employee was actually disabled.
Disability discrimination by employers can occur during the application process or after an employee is hired. Examples of employer disability discrimination in Burbank, California include, but are not limited to:
Failing to engage in an interactive process
Failing to make reasonable accommodations for a medical condition or disability
Wrongful termination (terminating an employee based on a disability, for requesting reasonable accommodations, or for reporting disability discrimination)
Failing to hire a qualified individual because the individual has a disability
Failing to grant an employee leave granted under the Burbank, California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA)
Failing to grant promotions or provide training based on a disability
Providing negative references because of absences from work because of a disability
Victimization of an employee who complains of disability discrimination
Adverse personnel actions based solely upon an employee’s disability, such as demoting an employee
Employers in Burbank, CA are required to engage in an interactive process with an employee to determine if reasonable accommodations can be made for the employee to complete his or her assigned tasks.
The interactive process is also triggered whenever an employer becomes aware of the potential need for reasonable accommodations.
The law does not require an employer to provide accommodations that would create an “undue hardship” for the employer. Several factors are used to determine if an accommodation is an undue hardship. Examples of those factors include, but are not limited to, the cost and nature of the accommodation, the number of employees, the employer’s overall financial resources, the type of operation, and the impact of the accommodation on the operation of the company.
Reasonable accommodations can mean different things, depending on the specific job and type of disability. Examples of reasonable accommodations might include, but are not limited to:
Modifications of the work area
Variations in job duties
Changes to the work schedule
Providing leave for medical treatment
Providing additional equipment to perform the job, such as electrical or mechanical aids
Allowing leave under the Burbank, CA Family Rights Act or the Federal Family and Medical Leave Act as it applies to employees with disabilities
Permitting an employee to work from home, when necessary
Reassigning an employee to an available, comparable position
Contact our Burbank, CA disability discrimination attorney for a free case review. Proving that you are the victim of disability discrimination requires that you prove you received unequal treatment based on the fact that you have a disability. Employers rarely state outright that you are being overlooked for a promotion, demoted, or terminated because of your disability or impairment.
Therefore, you must gather other evidence that proves your employer treated you differently because of your disability. An experienced disability discrimination attorney in Burbank, California can help.
Unfortunately, disability discrimination is more common than many people realize. An individual’s ability to perform a job should not be judged based solely on an impairment or disability. The law protects the rights of individuals with disabilities to work and earn a living free from discrimination.
If you have suffered disability discrimination, we want to help. Contact the Law Office of Alisa Goukasian by calling 818-242-4601 to schedule your free consultation with a Burbank, CA disability discrimination attorney.