Los Angeles & Sherman Oaks Disability Discrimination Attorneys
Disabled job applicants and workers are legally entitled to the same job opportunities, compensation and treatment as able-bodied workers as long as they are qualified and able to carry out a given job. When disabled workers are the targets of discrimination at any point in their employment experience, taking action to hold the discriminators accountable can be the key to justice and recovery.
At Koron & Podolsky, LLP, our Sherman Oaks lawyers are dedicated to advocating the rights of disabled workers who have been subjected to discrimination at work. Guided by a results-driven approach, our attorneys offer a combination of large-firm resources and small-firm personal service to help discrimination victims pursue all available legal remedies.
Legal Definition of “Disability”
A “disabled person” is legally defined as someone who:
- Has a physical and/or mental impairment that limits at least one major life activity
- Has a history of having such an impairment
- Is perceived or regarded as having such an impairment, regardless of whether the impairment exists – In other words, if someone is thought to have a disability and is the target of discrimination due to this perception, workplace discrimination will still have occurred even if that disability does not really exist.
Examples of Workplace Disability Discrimination
Workplace disability discrimination can arise in various forms, some more subtle than others. Some common examples can include when, as a result of some disability, a worker is:
- Demoted, laid off or fired
- Overlooked for a job opportunity, professional training and/or a promotion
- Assigned to unfavorable job tasks or work schedules
- Not offered the same compensation and/or benefits as workers of different races in the same position, with the same qualifications
- Subjected to harassment or a hostile work environment.
Workplace Disability Discrimination Cases: More Important Information
- Independent medical opinions – If a disabled worker is not hired or promoted as a result of his or her disability, the employer is legally obligated to allow that worker to submit his or her own independent medical opinion regarding the impairment. Not providing workers with this opportunity can constitute another violation of the law.
- What employers can and cannot ask during the hiring process – During the job interview and hiring process, the law prohibits prospective employers from asking job applicants about their health and medical history, as well as about whether they have ever filed workers’ compensation claims. Employers can, however, inquire about applicants’ abilities to carry out certain tasks necessary to the job.
- Reasonable accommodations – By law,1 employers are required to make reasonable accommodations to help disabled workers complete their jobs (if or when necessary). While reasonable accommodations can include adding features to buildings to make them accessible to disabled workers or altering disabled workers’ job duties or work schedules, they do not include anything that would cause “undue hardship” to the employer.
- Potential remedies – When disability discrimination cases are successful, they can result in recoveries that may include (but may not be limited to) damages for back pay, lost benefits, front pay, emotional distress, and attorneys’ fees. Punitive damages may also be available in some cases.
Contact a Sherman Oaks Discrimination Lawyer at Koron & Podolsky, LLP
If you have been the target of disability discrimination at work, contact a Sherman Oaks discrimination lawyer at Koron & Podolsky, LLP to find out more about your options for justice.
Call us today at (818) 380-3077 or email us using the contact form on this page for more information about how to proceed with your potential case. From Sherman Oaks, our lawyers provide superior representation to people throughout Los Angeles County, Orange County, Ventura County, and the state of California.