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Disability discrimination in the workplace continues to be an issue despite the protections provided under the Americans with Disabilities Act (ADA) and similar state laws like California's Fair Employment and Housing Act (FEHA). These laws were designed to ensure that employees with disabilities are treated fairly and have equal opportunities to succeed in their careers. Employers are legally obligated to accommodate employees with disabilities, but unfortunately, non-compliance or violations can still occur. If you are an employee who feels your rights are being violated, it’s important to understand both your employer’s responsibilities and your rights, and what you can do if you believe those obligations are not being met.
Employer Responsibilities Under the ADA
Under the Americans with Disabilities Act (ADA), employers with 15 or more employees are required to provide reasonable accommodations for employees with disabilities. These accommodations can include changes to the work environment, the job duties, or the way tasks are performed, all aimed at allowing the employee to perform essential job functions.
Key employer responsibilities include:
Providing Reasonable Accommodations: Employers are required to make reasonable accommodations for employees with disabilities unless doing so would cause significant difficulty or expense. This can involve adjusting work schedules, modifying equipment, altering the work environment, or providing additional leave for medical treatments.
Engaging in the Interactive Process: One of the critical requirements under both the ADA and FEHA is the "interactive process." Employers must work directly with employees to identify the limitations caused by their disability and discuss potential accommodations. This is a collaborative and ongoing process, where both parties should explore viable solutions in good faith.
Non-Discrimination: Employers must ensure that employees with disabilities are not discriminated against in hiring, firing, pay, job assignment, or promotion. They cannot treat employees with disabilities less favorably because of their condition, and they cannot punish employees for asserting their rights under the ADA.
Confidentiality: Employers must maintain confidentiality regarding an employee's medical condition or disability. Information about a disability should only be shared on a need-to-know basis.
What to Do If You Believe Your Employer Isn’t Compliant
If you suspect that your employer is not complying with the ADA, you may be facing disability discrimination or a failure to accommodate. Unfortunately, these violations can lead to career setbacks, unnecessary stress, and even harm to your health. Here's what you should do if you believe your employer is not meeting their obligations:
Document Everything
Communicate with Your Employer
Know Your Rights
File a Complaint with the EEOC or DFEH
Consult with an Experienced Disability Discrimination Attorney
Protecting Your Rights
Disability discrimination is illegal, but it is still prevalent in many workplaces. Employees with disabilities have the right to reasonable accommodation and protection from discrimination. If you believe your employer is not complying with ADA or California’s disability laws, it’s crucial to take action as soon as possible. Document everything, engage in the interactive process, and know your rights.
If you believe you have been discriminated against or denied necessary accommodations, don’t wait—contact us today. Our experienced attorneys specialize in employment law and are committed to fighting for your rights. We’ll help you navigate the complex legal process and ensure that you receive the accommodations and justice you deserve. Reach out to us today for a consultation, and take the first step toward securing your rights in the workplace.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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