Protect Your Rights. Disability Discrimination In Illegal In California Labor Law.
Employees in California are shielded from discrimination and abuse based on real or perceived disability. Suppose you have a disability or a medical illness, and your employer refuses to make adequate accommodations or treats you unfairly because of your disability. In that case, you will be entitled to file a legal claim for compensation.
That said, let's talk about how workplace disability discrimination will handled by a Top Disability Discrimination Lawyer in California.
What Is Considered a Disability in California?
Disability discrimination laws in California classify "disabilities" into three categories: physical, mental, and medical conditions. However, what follows is broad. What constitutes a disability is a complex issue that non-lawyers find difficult to address.
Any physiological illness, impairment, condition, cosmetic disfigurement, or anatomical loss that affects one or more body systems and restricts a significant life function is referred to as a "physical disability."
Limiting "a major life activity" means "making the major life activity impossible to accomplish." This can include chronic or episodic illnesses (HIV/AIDS, hepatitis, diabetes, heart disease, and so on) as well as physical deficiencies (broken bones, hypertension, polio, and so on) as well as pregnancy-related disabilities. Unfortunately, unless pain limits the major life activity, it does not qualify as a disability. If your condition isn't listed above, you can consult with a Employment Lawyer in Los Angeles because the list is, at best incomplete.
A "mental disability" is defined as any mental or psychological disease or condition that restricts a major life function, such as intellectual disability, organic brain syndrome, emotional or mental illness, or particular learning disabilities.
Autism spectrum disorders, bipolar disorder, psychiatric depression, mental illness, schizophrenia, particular learning disabilities, and other chronic or episodic conditions like post-traumatic stress disorder are also forms of mental disabilities.
Any health disorder related to or associated with a cancer diagnosis, a record or history of cancer, or genetic features is referred to as a "medical condition."
When a person has a gene or inherited trait that is linked to a statistically increased risk of developing a disease or disorder, this is referred to as genetic characteristics.
The Interactive Method and Fair Accommodations
When a request for fair accommodation is made in California, the legislation allows employers to participate in an interactive process. When it becomes obvious that an employee needs fair accommodation, the employer must participate in the interactive process.
The collaborative process starts with a conversation about an employee's disability and the accommodations the employee may need to do his or her job. If