Disability Discrimination Attorney in Ventura, California
Disability Discrimination Attorney in Ventura, California
Common employment issues relating to disability arise when employees wish to take leaves of absence for disabilities, are fired for disabilities, are harassed on the basis of their disability, or denied reasonable accommodations for their disabilities. Our disability discrimination lawyers take all of these types of cases relating to disability in employment. We are experienced in disability discrimination law and can assist employees who experienced disability discrimination in the workplace. Our disability discrimination lawyers only take employment disability discrimination cases on a contingency which means we are only paid when and if we win. Call 805-200-0100 to speak to a California disability discrimination lawyer.
Disability Under California Law Is Much More Expansive Than Under The Federal Americans With Disabilities Act
In 2001, the legislature provided strong
language indicating that FEHA is much more
expansive than the Federal
The legislature finds and declares as follows:
(a) The law of this state in the area of disabilities provides protections independent from those in the federal Americans with Disabilities Act of 1990...this state's law provides additional protections.
California Government Code Section 12926.1(c),(d)(2) only requires that the disability limit activity. It does not require a substantial limitation, Colmenares v. Braemar Country Club, D.A.R. 1919, 1921 (2-21-03). The Code specifically says this distinction is intended to result in broader coverage under this state law than under the federal ADA.
EEOC regulations are not to be used when interpreting the California Fair Employment and Housing Act insofar as it relates to disability law. EEOC regulations are useful when the state statute is molded on the federal law the regulation is based upon, Cassista v. Comm. foods, Inc., 5 Cal.4th 1050, 1063, 22 Cal.Rptr.2d 287, 296 (2002). However, where the applicable FEHA statute is not sufficiently molded on the ADA, EEOC Regulations cannot control the meaning given FEHA, Bagatti v. Dept. of Rehabilitation, 97 Cal.4th 344, 358, 118 Cal.Rptr.2d 443, 452 (2002) a disability case under FEHA.
In order to establish a prima facie case of disability discrimination under FEHA the employee must show : 1) that she suffers from a disability; 2) the employee is a qualified individual to perform their job; 3) they were subjected to an adverse employment action because of the disability, Deschene v. Pinole Steel Co., 76 Cal.4th 33, 44, 90 Cal.Rptr.2d 15 (1999); Brundage v. Hahn, 57 Cal.4th 228, 236, 66 Cal.Rptr.2d 830 (1997). The employer must offer a legitimate nondiscriminatory reason for the adverse employment action, and the plaintiff then bears the burden of proving that the employer's proffered reason was pretextual, Brundage, 57 Cal.4th 236.
Contact us or call 1-877-525-0700 to talk to a California disability discrimination lawyer.
Disability Discrimination Can Mean Discriminating Against An Employee For Having A Record Of An Impairment
Disability can also mean having a record of a
disorder, condition, anatomical loss, or health
impairment, California Government Code Section
12926(k)(3). A record of disability can mean
that an employee has had a medical condition
for an unusually long time. It can also mean
that the employee has a record of treating for
Employers Are Liable For Discriminating Against That Which They Perceive To Be A Disability
Under California law, employers are liable for
perceived disabilities, California Government
Code Section 12940. Discrimination is often
based upon stereotypes. Perceived disability
discrimination exists when somebody has a
medical condition or impairment which allows
them to work with accommodation, but the
employee insists they cannot. Perceived
disability discrimination could also exist if
an employee did not have anything wrong with
them, but the employer asserted that they
Contact us or call 1-877-525-0700 to consult with a Ventura County disability discrimination lawyer.
Some people refer to the Americans With Disabilities Act as "The Disabilities Act." Please contact us at 1-877-525-0700 to find out why you are better off suing under California law than the Disabilities Act. If you need a lawyer for disability discrimination we would like to help you. The wrong advice about disability discrimination can lead to a choice of the wrong law.
Disability discrimination in the workplace is on the rise. Many American workers have recognized disabilities under the Federal Disabilities Act and the Fair Employment and Housing Act. The aging nature of our population has also created a rise in disability discrimination in the workplace. Many older workers develop disabilities under the various disability act.
Karl Gerber takes a personal affront to disability discrimination. His wife sponsors Team Stephanie at the National Multiple Sclerosis walk Mr. Gerber has walked since 2000. Mr. Gerber and his wife are also sponsors of the Southern California Families With Marfans Group that meets at his house on a quarterly basis. Mr. Gerber is also involved in the Ovarian and Breast Cancer walks in Los Angeles. Persons suffering from cancer and multiple sclerosis have a special place in Mr. Gerber's heart.
Disability Discrimination is a serious problem. If an employer is discriminating due to physical or health impairment, they are violating a code. Contact an Oxnard disability discrimination attorney today. Serving all of Ventura County including: Agoura, Camarillo, Moorpark, Ojai, Oxnard, Santa Paula, Simi Valley, Thousand Oaks, Ventura, Westlake Village. Call 1-877-525-0700 to speak to a Ventura County disability discrimination lawyer who cares.