Physical Disability Discrimination
Both California and Federal law make it illegal for employers to take adverse action against employees because of their disabilities or medical conditions. Employers cannot refuse to reasonably accommodate or to refuse to engage in a good faith interactive process with disabled employees to determine what accommodations are needed.
These laws protect employees who are actually disabled and employees who are merely perceived as being disabled. Therefore, even if an employee has no actual disability, the employer may still be liable if they mistakenly believe the employee is disabled and treat him or her unfavorably because of it.
If you have a physical or mental disability or serious medical condition and your employer refuses to grant you reasonable accommodations (such as a medical leave of absence, flexible hours, temporary light duty or job restructuring) then you may have a cause of action against them.
Once your employer becomes aware that you have a medical condition or disability, they are obligated under the law to engage in a good faith interactive process with you in order to determine what accommodations you may need and if they can provide them. The term “good faith” means that your employer must promptly and honestly discuss your available options and that they cannot simply “go through the motions” or arbitrarily deny your requests.
If you can still perform the essential functions of your job with or without the accommodations, your employer must grant them unless they can prove it would be an unreasonable financial burden for them to do so. Therefore, it is important that you know the essential functions of your job and that you receive a list of essential functions from your employer that accurately reflects them.
Contact our disability discrimination attorneys if you have a disability or medical condition AND:
- You have been terminated, demoted, denied a promotion, reassigned to an unfavorable job/location or denied employment due to your medical condition or disability
- Your employer takes your medical condition or disability into account in punishing or terminating you (example: firing you for being late to work because you have a sleep disorder or other medical condition)
- You have been denied a medical leave or accommodations by your employer
- Your employer knows of your condition and does not discuss accommodations with you
- Your employer knows of your condition and does not provide you with information about your right to take a medical leave under FMLA or CFRA
- Your employer terminates you after or during a medical leave of absence
The Velez Law Firm Gets Results
$400,000 –Physical Disability Discrimination/Retaliation
Verdict in Weyhe v. Wal-Mart on behalf of a disabled employee for Wal-Mart was subject to physical disability/medical condition discrimination, harassment, and retaliation. Weyhe required additional breaks due to his physical disability/medical condition, which Wal-Mart failed to accommodate. After he opposed and complained about the medical and/or physical disability discrimination, harassment, he was retaliated against and terminated from his employment.
$600,000 –Physical Disability Discrimination
Settlement obtained on behalf of our client was discriminated and retaliated against by a large pharmacy retailer for taking sick days off due to his disability. Our client was eventually terminated.
If you believe you have been discriminated against because of a physical disability and/or medical condition, contact The Velez Law Firm, PC to set up a free consultation