Irvine Disability Discrimination Lawyer

Irvine Disability Discrimination Attorney

Unfortunately, people with disabilities face discrimination in many forms throughout their lives. They enter spaces that don’t have proper access. They hear inappropriate jokes and negative comments. They are ignored or considered unintelligent. They can feel unwelcome at work by their co-workers or boss. You may be facing these issues in your workplace. You have rights and need an Irvine disability discrimination lawyer to help you work for justice.

Aitken, Campbell, Heikaus, Weaver, LLP, has over 40 years of combined experience. We have a reputation in Southern California for getting results. We advocate for workers’ rights and understand the laws in place to protect you at work. Our former clients say we’re professional and responsive. We want you to get the respect you deserve and not face disability discrimination at work, which can be extremely stressful. Don’t face this serious situation alone.

Statistics on Disability Discrimination in the U.S.

The Urban Institute did a study in 2022 that showed 4 in 10 people with disabilities have reported being treated unfairly as adults. Of these people, 18% of them reported that the discrimination happened at work.

The Equal Employment Opportunity Commission (EEOC) reported 25,004 disability discrimination claims were made to it during the 2022 fiscal year. This is on a federal level and doesn’t include the number of employees who took their employers to court for disability discrimination penalties.

California Disability Discrimination Laws

The federal law that applies to disability discrimination is the Americans with Disabilities Act (ADA). Within the law is the definition of a disability, which is a physical, mental, cognitive, or medical condition or conditions that can limit daily life activities, like walking, speaking, writing, or hearing. A business or corporation of 15 employees or more must adhere to the guidelines in the law.

In California, there’s the Fair Employment and Housing Act (FEHA), which contains the specifics about disability discrimination and appropriate accommodations for workers in Chapter 6, Section 12940-12954. Through this state government code, these guidelines apply to any business with five or more employees.

Type of Disability Discrimination in California

There are several types of disability discrimination in Irvine and the surrounding areas. Here are a few examples:

• You are not given reasonable accommodations.
• You aren’t hired for a position due to your disability.
• You are not promoted or don’t get a raise because of your disability.
• You are harassed or taunted, which may be considered a hostile workplace.
• You are terminated from your position based on your disability.
• You are treated poorly by anyone in your workplace.
• You may experience retaliation if you speak out about disability discrimination or file a complaint.

Accommodations can be environmental, like having a proper ramp or an accessible restroom. Other accommodations can include special equipment, like a speaker system. Some people need accommodations with their schedule, allowing for more breaks. Certain conditions may make it difficult to go to an office or be there all day. This may warrant working from home.

If you’ve experienced any of these acts at your job, you should hire a disability discrimination lawyer in Irvine, CA to guide you through the legal process. Aitken, Campbell, Heikaus, Weaver, LLP has experience with disability discrimination and can be with you every step of the way.

What Should I Do About Disability Discrimination at Work?

To have a favorable outcome, there are some things you can do:

• Ask for accommodations in writing, including the justification and how it can help you complete your responsibilities at work. Disability Rights California has a sample letter for you to use. Be clear and direct with your request, and make it a reasonable accommodation.
• Document conversations and incidents.
• Collect information from witnesses to the discrimination.
• Keep records of emails and other company communications.
• Find an Irvine disability discrimination attorney who can organize the evidence.
• File a complaint.

FAQs About Irvine, CA Disability Discrimination Laws

How Much Is a Disability Discrimination Settlement in California?

A disability discrimination settlement in California varies from case to case. The amount of evidence and what happened to you at work are the biggest factors. Losing wages and benefits can be calculated if you were fired for your disability. Mental stress and how it’s affected your life outside of work can also be considered. A knowledgeable disability discrimination attorney can help you come up with the appropriate number.

Can I Get Fired if I Ask For an Accommodation at My Job in Irvine?

If you are requesting a reasonable accommodation, you can’t be fired. Some accommodations are expensive, but many don’t cost a company that much. A higher desk to fit a wheelchair is a reasonable request. Installing a lap pool for personal physical therapy may not be considered reasonable. Consult a capable attorney about your unique situation.

During an Interview, Can My Employer Ask Me About My Disability?

Whoever does the hiring cannot ask about your disability before offering you a job. If they do and don’t offer you the job, even though you were qualified, that may be considered discrimination. It’s up to you whether you share your condition with an employer. There’s no law that says you have to tell them, but you should if you need accommodations in the workplace.

Is Mental Illness Considered a Disability in California?

Yes, certain mental illnesses are considered a disability. Some mental health disorders can limit daily life activity, which is the definition of a disability and qualifies for accommodations as much as a physical disability that is more evident. You may need more breaks, time off to attend therapy and other appointments, or more flexible hours, all of which would be considered reasonable.

Hire a Disability Discrimination Lawyer in Irvine Today

At Aitken, Campbell, Heikaus, Weaver, LLP, we get results, securing workplace settlements for our clients. Our team takes the time to get to know you and what you’re facing at work. We develop a customized plan and approach each case to fit the needs of your issues. Disability discrimination can be a common and serious offense. Let us help you through it. Contact us today for a free consultation at our Anaheim, Irvine, or Riverside locations.