Disability Discrimination Law
Both California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA) prohibit disability discrimination. To be covered for protection, you must have a qualifying physical or mental disability.
Whereas the ADA defines a disability as a physical or mental condition which substantially affects a major life activity, FEHA only requires that a physical or mental condition affects a major life activity. Thus, certain disabilities may qualify under FEHA that would not qualify under the ADA.
Mental Health Disabilities
Examples of mental health conditions which may qualify under FEHA include depression, anxiety, bipolar disorder, post-traumatic stress disorder (PTSD) and obsessive compulsive disorder (OCD). Any serious mental health issue may potentially qualify. We offer a free consultation and case evaluation to help you determine if you may have grounds to pursue a disability discrimination claim.
Physical Health Disabilities
Examples of physical health conditions that may qualify as a disability under FEHA include HIV/AIDS, cancer, paralysis, diabetes, heart conditions, thyroid conditions, fibromyalgia, respiratory conditions, visual impairment, serious back problems and other physical challenges. Contact our law office if you have questions about a particular physical disability.
Employers who fail to provide a reasonable accommodation to an employee may be held liable for damages. A reasonable accommodation may include work schedule adjustments, acquisition of equipment, alcohol or drug rehabilitation, reassignment to an open work position, and other appropriate measures that will help a person with a disability perform the essential functions of their job.
Put Our Experience to Work for You
Our attorneys offer more than 50 years of combined experience. As a firm concentrating in employment law, we have helped thousands of employees whose rights have been violated. We have had success helping people who have been victims of disability discrimination.
We have a strong record of results and are highly regarded in the legal community. Attorney Frank A. Magnanimo has been selected for inclusion in Southern California Super Lawyers since 2011 in the labor and employment field.