HAS YOUR SF BAY AREA EMPLOYER DENIED YOU A REASONABLE ACCOMODATION FOR YOUR INJURY?
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against a qualified individual with a disability in relation to the job application process, hiring, firing, promotions, job training, etc. The ADA is a federal law that applies to employers with 15 or more employees. Employers in California are also prohibited from discriminating against employees on the basis of their disability under the Fair Employment and Housing Act (FEHA). This Act applies to employers with 5 or more employees.
A person is considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities, if they have a record of having such an impairment, or if they are regarded as having such an impairment. A person is considered a “qualified individual” with a disability if they are able to perform the job in question with or without reasonable accommodation.
An employer is required to provide an employee with a reasonable accommodation if it would not impose an undue hardship on the employer. A “reasonable accommodation” may include modifying work schedules, making existing facilities usable by persons with disabilities, restructuring jobs, acquiring modifying equipment or devices, etc.
If your employer has denied you a reasonable accommodation for your disability, you are not alone. Recently an East Coast casino was sued for disability discrimination when it refused to accommodate an employee’s disability. The employee had suffered an injury from a car accident, and needed to be seated to do her job. Instead of accommodating the employee, the casino fired her. If you have also been a victim of disability discrimination, get help by calling the attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.
