Richmond Disability Discrimination Lawyer
Disability Discrimination Attorney in Richmond, CA
Everyone has the right to fair and equitable opportunities in the workplace, regardless of any disabilities. Unfortunately, this is not always the case, and some employees suffer discrimination at the hands of their employer. If you have experienced unfair treatment at work, you may need the help of a Richmond disability discrimination lawyer who can protect your rights.
At Valerian Law, P.C., our attorneys can help California employees who are experiencing discrimination and illegal practices at work. We have experience and a proven track record of success protecting workers’ rights and helping them seek compensation for damages as a result of discrimination.
What Is Disability Discrimination?
More than 1 in 4 adults in the U.S. has a disability. Disability discrimination occurs when a person with a disability is treated differently or less favorably than other employees or other job applicants. Disability discrimination also occurs when someone who associates with a person with a disability is treated differently. A recent study shows that four in ten adults with disabilities have experienced discrimination.
The United States Equal Employment Opportunity Commission protects certain rights for employees who have a disability. These rights are:
- Protection from harassment regarding their disability by supervisors, co-workers, and managers
- Reasonable accommodations that allow them to perform their job duties, apply for a job, and have the same benefits as other employees
- Confidentiality regarding their disability and health
- Protection from retaliation if they file a complaint about disability discrimination
The Americans with Disabilities Act is a federal civil rights law. It prohibits discrimination against people with disabilities. The California Fair Employment and Housing Act (FEHA) is the state-level law that prohibits discrimination based on a disability. This law helps protect the over 4 million California adults with disabilities.
Common Examples of Disability Discrimination
Disability discrimination can occur in various ways. Some common examples may be:
- Inaccessible areas. A person with a disability should have access to all the same areas as the rest of the employees. For example, a person in a wheelchair should be able to access all areas of the office or production floor.
- Failure to provide reasonable accommodations
- Harassment
- Denial of promotion
Steps to Take if You Experience Disability Discrimination
If you believe you have experienced discrimination based on your disability, you have legal recourse. Some things you can do include:
- Make sure your disability is protected under California law. Confirm it with a Richmond disability discrimination attorney.
- Document everything. Keep records of incidents of discrimination, save emails and texts, and include times, dates, locations, and names.
- Document specifics. If you experienced discrimination in a job interview, document the details of what happened. If the discrimination involves a lack of accommodations, document your request for reasonable accommodations and keep records of how your employer responded.
- Report the discrimination to HR. If you experience discrimination, make a formal report to HR or management. Find out the company’s discrimination reporting policy, and follow it. This report formally puts the employer on notice.
- File a complaint with the EEOC and file a complaint with the California Civil Rights Department. If your employer does not rectify the situation, it is time to file a report with the EEOC.
- Contact an attorney who is familiar with disability discrimination laws.
Recoverable Damages in a Disability Discrimination Case
You may be eligible to recover compensation if you have a disability discrimination case. Damages that you can recover may be back pay, front pay, and compensation for emotional distress. In some cases, if the employer acted in a way that was particularly egregious or malicious, you can seek punitive damages.
If a court determines that an employer acted unlawfully, it may order them to pay for your attorney’s fees and pay out-of-pocket expenses that the employee had to pay because of their discriminatory actions.
Hire a Disability Discrimination Lawyer
You have the right to report discrimination. Both federal and state laws give you this right, but it can be confusing and complex. This is why it is important to hire a disability discrimination lawyer. An experienced attorney can help you understand your rights and help you obtain justice.
If your case proceeds to court, your attorney can represent you at the Superior Court of California, County of Contra Costa, the Wakefield Taylor Courthouse, or the U.S. District Court for the Northern District of California, Oakland Division.
FAQs
FAQS DISCLAIMER
The questions and answers presented in the FAQ are not intended to be exhaustive and do not constitute legal advice for your particular question, issue, or concern, nor does this FAQ create any attorney-client relationship or duty on our part to assist you. The information may help you think about your issues and ask the right questions if you choose to consult with an attorney.
What Is an Example of Disability Discrimination?
Some examples of disability discrimination may be a failure to make accommodations, such as part-time or a modified work schedule, refusing to hire a qualified applicant because they are deaf, or making offensive comments because a coworker is in a wheelchair. An employee who is demoted after becoming disabled is also an example of discrimination.
What Are the Four Types of Disability Discrimination?
The four types of disability discrimination are direct, indirect, harassment, and victimization. Direct discrimination happens when you are treated differently because of a disability, and indirect discrimination is when an organization has a policy that negatively impacts disabled people. Harassment occurs when someone speaks offensively, and victimization is when you are treated badly because you made a discrimination complaint.
What Qualifies as a Disability in California?
Under California Government Code Section 12926 (m)(1), a physical disability impacts life activity and can involve the brain or nerves, speech organs, skin, immune system, special sense organs, reproductive systems, musculoskeletal system, and lymphatic or endocrine systems. Examples of qualifying disabilities include autism, cerebral palsy, deafness, blindness, diabetes, depression, epilepsy, and paraplegia.
How Much Does a Disability Discrimination Lawyer Cost in California?
Many disability attorneys work on a contingency fee basis. They don’t require any up-front fees, and only get paid if they are successful with your case. Their fee is typically a pre-agreed-upon percentage of the settlement or court-awarded payment. You may be responsible for additional expenses such as the cost of acquiring medical records, expert witnesses, and court filing fees.
Contact a Disability Discrimination Lawyer
If you believe that you have been discriminated against at work in Richmond because of a protected disability, contact Valerian Law, P.C. Our legal team’s knowledge of disability laws and the compassion they show each client make a difficult situation easier. We can help protect your rights, guide you through the legal process, and work to get you the compensation you deserve.
