Los Angeles Disability Discrimination Lawyer

Leadership in the workplace, whether that is an employer or simply a supervisor, should be intentional in providing encouragement, support, and resources their workers need to be successful at work. Ideally, your workplace should be somewhere employees can grow and reach their full potential. However, that is not always the case.

In some workplaces, employees are mistreated by their supervisors or employers. The mistreatment could come in the form of unfair or inadequate wages, retaliation, threats of job loss, unsafe conditions, and more. This mistreatment may not always be intentional, but it always needs to be addressed.

Discrimination is a common form of mistreatment in the workplace, particularly disability discrimination. If you believe you or a loved one have been a victim of disability discrimination in the workplace, the Los Angeles discrimination attorneys at Park APC Lawyers are here to help.

Understanding Discrimination

Many people face the reality of prejudice and discrimination in their daily life. They may be mistreated or ostracized because of their religion, race, ethnicity, or another protected status. Dealing with this type of mistreatment regularly can be extremely upsetting and disheartening when there is no cause for it. There are multiple characteristics, including age, race, religion, and disability status, that are legally protected. This means prejudice becomes illegal when it contributes to an individual being discriminated against or mistreated.

Prejudice is a deep-seated dislike or hatred for a particular group of people. Those negative feelings are taken a step further when the dislike turns into discrimination. The definition of discrimination is the prejudicial or harmful treatment of a person because of some aspect of their life that they often have minimal control over. This would include aspects such as religion, gender, race, disability, age, or ethnicity.

Discrimination can come in many forms, especially in the workplace. A worker who is being discriminated against could deal with lost wages, demotion, threats, belittling from supervisors or coworkers, retaliation, and a variety of other difficulties. There are some circumstances where discrimination is not intentional or malicious but is simply a result of poor workplace policies. This type of discrimination is referred to as disparate impact discrimination. While that form of discrimination is harmful, it is not as dangerous as disparate treatment discrimination.

The Basics of Disparate Treatment Discrimination

Unwise policy decisions often have the unintentional side effect of disparate impact discrimination, but there is no malice behind it. The other type of discrimination, disparate treatment discrimination, is often done intentionally to cause harm or distress to an individual. Someone who knowingly makes life or work more difficult for a person or group they are prejudiced against is actively participating in disparate treatment discrimination.

This type of treatment is clear in the workplace when supervisors or employers treat employees with a protected status notably different from their coworkers. Proving that your employers or supervisors have actively discriminated against you because of a protected status, such as a disability, is an essential part of a successful discrimination claim. The first step in proving the mistreatment is being able to recognize it. The next step is working with an accomplished Los Angeles discrimination lawyer who will argue your case.

Examples of Disability Discrimination in the Workplace

Disparate treatment discrimination can appear in the workplace in several different ways. Intentionally harmful actions or the lack of action to protect an employee because of their protected status could easily be considered discrimination.

Common workplace treatments that may count as discrimination include:

• Refusing religious accommodations. Certain religious practices may require their devout followers to seek accommodations at work. These accommodations may include not working with restricted materials or having a space for prayer. Disparate treatment discrimination occurs when an employer refuses to provide these accommodations.
• Unfair treatment. This could include a wide array of circumstances. An employee being intentionally excluded, having their hours cut or their pay docked, or having more difficult work than necessary would all qualify.
• Retaliation. If an employee is being discriminated against, they may report their employer for it. While these claims are fully legal, some employers choose to retaliate. This may appear as firing, having pay or hours cut, or being demoted. This type of discrimination is extremely severe and should be dealt with properly.
• Harassment. Discrimination through harassment does not always include an employee’s actual work but rather their interpersonal relationships. Harmful or hateful phone calls, emails, comments, or conversations would all be considered harassment. This treatment is unlawful and could lead to a discrimination claim if it happens due to a disability or other protected status.

Unfortunately, these types of discrimination are common for many individuals with disabilities. There are laws in place, however, that were created to protect those with disabilities from discrimination.

California Laws About Disability Discrimination

Over the years, various laws have been established to protect employees with disabilities in the workplace. If you are facing workplace discrimination due to a disability, then the issue should be handled in a timely manner. Laws were created at both the state and federal levels for workers with disabilities.

At the federal level, the Americans with Disabilities Act (ADA) was created to prevent discrimination against those with disabilities. This law covers the treatment of individuals with disabilities at work, in public spaces, in telecommunication, in government services, and in transportation. Other federal laws pertaining to employment for those with disabilities include the Civil Service Reform Act, the Workforce Innovation and Opportunity Act, the Vietnam Era Veterans’ Readjustment Assistance Act, and the Rehabilitation Act. Each of these laws set out specific guidelines for how employees with disabilities should be treated and accommodated in the workplace.

In addition to federal laws, California has also established several statutes that provide additional protection for employees with disabilities. The primary law in California is the Fair Employment and Housing Act, which is similar to the ADA. Other state laws, including the Unruh Civil Rights Act and the Disabled Persons Act, provide additional legal protection for employees with disabilities. If you believe that you or a loved one have been the victim of workplace discrimination as the result of a disability, an experienced Los Angeles employment attorney can help you file a claim.

Proving Disability Discrimination

If you choose to file a claim for disability discrimination against an employer or supervisor, one of the more difficult steps in the process will be providing proof that the discrimination took place. Employers are allowed to provide any sort of justification for actions seen as discrimination, and they may be able to explain it away. The most effective way to prove disability discrimination is to provide a reason to doubt the employer’s explanation.

Average Settlements for Disability Discrimination Claims

When you file a discrimination claim against an employer, you are making the argument that their discrimination caused you some kind of damage. You believe you have suffered a loss that can be measured, and you deserve compensation for it.

Types of damages you could claim include:

• Lost wages
• Pain and suffering
• Emotional turmoil
• Benefits such as pension or healthcare

When you receive a settlement for a disability discrimination claim, the primary aim is to ensure you are no longer held back because of the discrimination. The specific amount of a settlement will vary depending on factors such as what type of discrimination you faced and how serious it was. An accomplished employment attorney can help you navigate the legal process and complete your claim.

How a Los Angeles Age Discrimination Attorney Can Help

Many employees are afraid to report discrimination for fear of losing their income due to the legal battle. When those circumstances arise, the guidance of the disability discrimination attorneys at Park APC Lawyers can be invaluable. There are several key ways we can help:

• Education. The team at Park APC Lawyers has dedicated years to understanding discrimination law so that we can defend our clients. We work to stay abreast of any new developments to provide an effective plan for each case.
• Experience. The Park APC Lawyers team has nearly 40 years of combined experience working with clients. We have represented a variety of clients in discrimination claims, and we use that experience to analyze each new case and develop an effective strategy to move forward.
• Guidance. We understand that pursuing legal action because of discrimination can be isolating and overwhelming. That’s why we strive to provide the necessary support, guidance, and resources to each of our clients as we work through their claims.

Get in Touch with Us at Park APC Lawyers Today

Everyone should be treated fairly and respectfully in their workplace, regardless of any disabilities. Unfortunately, some employers discriminate against employees with disabilities. If you have faced discrimination at work due to a disability, then you may be entitled to compensation. The team at Park APC Lawyers is ready to walk with you through the claim process and fight to ensure you receive the settlement you deserve. Contact our team today for any disability discrimination needs.