Yadegar, Minoofar & Soleymani LLP Answers Common Questions About Disability Discrimination in the Workplace

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The Los Angeles employment lawyers at Yadegar, Minoofar & Soleymani LLP have decades of experience representing victims of workplace disability discrimination in California. Together, they have answered common questions about disability discrimination.

What Is Disability Discrimination in the Workplace?

Workplace disability discrimination is the unfavorable treatment of an employee based on the employee's disability or perceived disability. There are many types of disability discrimination. In California, it is illegal for employers with five or more employees to engage in discrimination based on the following:

  • Physical disability
  • Mental disability
  • Medical condition
  • Genetic information

What Is California's Disability Discrimination Law?

The Fair Employment and Housing Act protects California employees from disability discrimination. The Department of Fair Employment and Housing (DFEH) enforces this law. 

FEHA protects any employee with a disability or perceived disability. It also protects employees with a history of impairment. However, employees must qualify for protection. To qualify, an employee must:

  • Be able to perform the essential functions of the job with or without reasonable accommodation
  • Have a legally defined disability

A protected employee may request reasonable accommodations from his or her employer. Employers must provide reasonable accommodations for disabled employees, as long as the accommodations do not present an undue hardship to the employer. Undue hardship may include significant difficulty or expense to an employer.

Can an Employee File a Disability Discrimination Lawsuit Against His or Her Employer?

An employee may be able to file a disability discrimination lawsuit against his or her employer. However, the employee should follow the company's policies and procedures about filing an internal complaint first. An internal complaint acts as an official report with the employee's company. In addition, the employer may respond to and fix the issues stated in the employee's complaint.

If the employer still does not provide reasonable accommodation, the employee should consider filing a complaint with California's Department of Fair Employment and Housing. An employee has to file a complaint here before he or she can file a civil lawsuit against his or her employer. 

The Department of Fair Employment and Housing may investigate the employee's complaint. It may also issue the employee a right-to-sue letter. A right-to-sue letter permits the employee to file a civil lawsuit. An employee should work with an experienced disability discrimination lawyer to file a lawsuit.

About Yadegar, Minoofar & Soleymani LLP

Yadegar, Minoofar & Soleymani LLP is a civil litigation law firm that services clients throughout Southern California. Its Los Angeles disability discrimination attorneys handle many types of civil claims, including discrimination, harassment and retaliation cases. Learn more about how Yadegar, Minoofar & Soleymani LLP helps its clients on its website.

Source: Yadegar, Minoofar & Soleymani LLP

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Tags: Disability Discrimination, Disability Discrimination Lawyers, Employment Attorneys, Workplace Disability Discrimination


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