Can My Employer Treat Me Differently Because I Have A Disability?
While the government usually allows employers and businesses to decide whom they can fire and the reasons for doing so, your employer cannot single you out for unfair treatment, including termination, based on a disability.
Disabled people enjoy numerous needed legal protections in the workplace. For instance, under the Americans with Disabilities Act (ADA), employers are:
- Barred from firing employees or refusing to hire employees based on disability in many situations
- Required to provide reasonable accommodations for disabled people
- Barred from refusing to promote employees due to an injury or disability
- Barred from denying short-term disability leave and benefits in many situations
If you believe you or a loved one has experienced workplace discrimination based on disability, schedule a free consultation with an attorney from Bononi Law Group, LLP.
Q. Who Is Protected From Employment Discrimination On The Basis Of Disability?
A. The Americans with Disabilities Act (ADA) prohibits discrimination against qualified people with disabilities and applies to both applicants and employees. Disabilities covered by the act include those that prevent an individual from seeing, hearing, speaking, walking, breathing, learning, caring for oneself and performing manual tasks.
Association Discrimination Is Illegal In California
Disability discrimination is not only discrimination against a disabled person, but an employer might also discriminate against someone because of his or her association with a disabled person at work or with a loved one or family member who is disabled. This discrimination or harassment by the employer may result in termination, demotion or lack of a promotion.
Federal and state discrimination laws protect employees who associate with a “qualified individual.” A qualified individual is someone who is covered by discrimination protection laws, including disability protections.
Discrimination by association with a disabled person generally takes three forms, which have been recognized by the court as illegal:
- Expense: You experience an adverse action such as termination because of the expense of the disabled person. This usually refers to a disabled loved one who adds expense to a health or benefits plan.
- Disability by association: You are discriminated against because of your association at work with someone who has a disability. This category has been recognized in cases where association with another employee who has an HIV-related disability has led to discrimination.
- Distraction: If your employer views your association with an employee who has a qualified disability as a distraction to your work, you may have a claim against your employer.
Leaders In Employment Law For More Than 20 Years
Bononi Law Group, LLP, works with both employers and employees in disability discrimination legal disputes. Examples of our success on both sides of disability discrimination suits include:
- Winning $400,000 plus attorneys’ fees for a disabled plaintiff via a jury verdict in Los Angeles County Superior Court
- Winning a verdict for a Fortune 50 company defendant we represented in a jury trial in Los Angeles County Superior Court in a disability discrimination case. As a result of the win, our client did not have to pay an award to the plaintiff.
Our team includes attorneys who have been included on the California Super Lawyers list annually since 2005 and a lawyer who has been selected as one of The Best Lawyers in America each year for more than 20 years.
Free Consultation: Contact Us Today
For immediate and caring employment and discrimination law legal help, call Bononi Law Group, LLP, at 866-295-7512.