Disability Discrimination Lawyer
Living with a disability is a challenge — but facing discrimination due to that disability is a shame. Yet every day, people with disabilities are treated differently by their employers, by commercial enterprises and by society at large.
Nobody with a disability should have to endure such treatment. Fortunately, if you have a disability, the law is on your side — as are experienced disability discrimination attorneys who can help you protect your rights.
Understanding Disability Discrimination
Under California’s Fair Employment and Housing Act it is illegal to discriminate against people with disabilities. This means you cannot:
- Refuse to make reasonable accommodations to your disabled employee
- Refuse to make reasonable accommodations to your disabled guest
- Refuse to make reasonable accommodation to your disabled customer
In California, disabilities are broadly defined. Someone with a significant mental or physical disability — or medical condition — must receive due accommodations.
Employers cannot evaluate job applicants based on disabilities and cannot ask about the nature or severity of any real or perceived disabilities.
Additionally, all California retail establishments, hotels, hospitals, restaurants and other public places must offer people with disabilities access to the same services offered to the general public.
Understanding Different Forms of Disability Discrimination and the Role of the EEOC
In the theater of life, discrimination toward the disabled is a recurring act. Identifying how and when this discrimination occurs is the best way to ensure that victims are able to access justice through the legal system, arbitration, or other venues.
Sadly, disability discrimination exists in many areas of society, including workplaces, schools, and public services. This discrimination takes many forms and can negatively impact the lives of individuals with disabilities. It’s vital to understand these forms of discrimination and the role of the Equal Employment Opportunity Commission (EEOC) in combating these unfair practices.
Let’s take a closer look at some real world examples of disability discrimination.
Workplace Discrimination
One common form of discrimination is direct discrimination in the workplace. This can occur when a qualified individual with a disability is overlooked for a job in favor of a less qualified, able-bodied candidate. One example: An individual with a physical disability who, despite being a perfect fit for a job that does not require physical exertion, is passed over due to bias.
Denial of Opportunities
Another form of workplace discrimination is denial of opportunities. A competent, visually-impaired employee who is consistently overlooked for promotions due to misguided assumptions about her capabilities is one example. This form of discrimination can limit career advancement for individuals with disabilities.
Education Discrimination
In the realm of education, discrimination can take the form of unjust policies or practices. A student with autism who doesn’t receive necessary educational support due to the wrong perception of his academic abilities is one example. This is known as indirect discrimination, which disproportionately disadvantages individuals with disabilities.
Public Services
Public services can also present barriers to individuals with disabilities. ONe example: A wheelchair user who is unable to access her local library because it lacks a wheelchair ramp. This failure to make reasonable adjustments is a clear form of disability discrimination.
How the EEOC Protects You
In all these scenarios, the EEOC plays a crucial role. As a federal agency, the EEOC enforces rights under the Americans with Disabilities Act (ADA). The ADA prohibits disability discrimination in employment, education, and public services. The EEOC investigates complaints, resolves disputes, and can even file lawsuits against employers on behalf of victims of discrimination.
However, combating disability discrimination isn’t just the job of the EEOC. Everyone must take action to prevent and address discrimination. This starts with understanding the different forms discrimination can take and advocating for fair treatment of all individuals, regardless of their disability status.
What to Do if You’ve Been Victimized by Disability Discrimination
At L&B Group, we’re committed to standing up for individuals who have experienced disability discrimination. By shedding light on disability discrimination, we can promote a more inclusive and fair society for all, and help victims be fairly compensated. Contact us today for more information about how we can help ensure that your legal rights are fully protected.