The workplace is meant to be an inclusive area. People of all backgrounds clock in every day to show their skills and earn the fair compensation they deserve. But discrimination against disabled individuals can take many forms in the workplace. From subtle biases to blatant acts of unfairness, disability discrimination at work in Richmond, CA is far too common.

While disability discrimination laws exist to help protect workers, some employers refuse to accommodate workers fairly and even retaliate when discrimination is pointed out. Understanding how these matters work is critical to protecting not only your career, but your self-respect and health as well. 

Laws Prohibiting Disability Discrimination in the Workplace

Employees who are discriminated against in the workplace for disabilities have multiple sets of legislation to protect them. A disability discrimination case may reference state legislation, like the California Fair Employment and Housing Act (FEHA). This cornerstone of state law makes it illegal for employers to:

• Discriminate based on physical or mental disabilities
• Refuse to hire or promote individuals with sufficient qualifications
• Terminate an employee due to their medical condition or medical needs
• Retaliation against employees who speak out about discrimination 

Federal legislation is also in place to protect workers across the country. The Americans with Disabilities Act (ADA) maintains that employers are obligated to:

• Offer reasonable accommodation to employees who need them
• Avoid policies that disproportionately marginalize disabled workers
• Maintain hiring and employment practices that are fair and inclusive

While the ADA applies to employers with 15 or more employees, it can work alongside FEHA to provide additional safeguards. Given that protections exist at both the state and federal levels, both can be used in a disability discrimination case. 

How Can Workplaces Accommodate Individuals with Disabilities?

Many workplaces recognize the value that disabled individuals provide due to their job-specific skills, positive attitudes, and strong work ethics. Because of this, some companies are willing to make the reasonable accommodations required by California Government Code 12940(m).

For example, some companies may modify work schedules or offer remote and hybrid options to support those who have trouble coming to work due to health issues or medical appointments. Companies can also support disabled workers by working with them on medical leave for treatment or recovery, or by providing specialized equipment. If the accommodation would not create an undue hardship on the business, a workplace in Richmond, CA is generally required to provide it. 

Why Disability Discrimination Can Be Subtle 

Workplace discrimination isn’t always as blatant as an outright refusal for medical leave or an overt confession that someone’s health issue impedes their work. Companies can often engage in this illegal practice through more covert actions, which are harder to detect. Examples include:

• Delaying promotions due to a medical condition resulting in a loss of opportunities 
• Enforcing policies over everyone that disproportionately affect disabled employees
• Being slow to enact reasonable accommodations, perhaps to discourage their use
• Terminating an employee’s position after a diagnosis or leave request 
• Dismissing a person’s needs through jokes, poor communication, or a lack of attention

Some employees may mistakenly assume they weren’t fit for the promotion. They may think the workplace has a legal obligation to treat everyone equally. Sometimes they may feel guilty for asking to be accommodated or assume that their position and their needs simply aren’t important. But with the help of a skilled Richmond disability discrimination attorney, you can spot these signs and stand up for your rights as an employee.

Hire a Disability Discrimination Lawyer

Though many employees try to downplay or deny their own discrimination, confronting its possibility is the first step to pursuing justice. When you believe it’s taking place, the first step is to gather documentation, including emails and written communications with your employer. Medical documentation of your condition is also helpful, as are written timelines for matters like accommodation or medical leave requests.

You should hire a disability discrimination lawyer who can review these materials and help you determine if you have a case. Remember, 28.7% of U.S. adults have some type of disability, so you’re not alone. Richmond, California, had 3,194 businesses in 2024, and many of the population of 115,000 are likely to work at these locations with disabilities. Don’t feel like your incident leaves you isolated or without help – a skilled law firm can help you pursue justice. 

FAQs

Can Some Accommodations Be Considered Unreasonable?

Some accommodations can be considered unreasonable. However, this depends on how much work, time, and money would be required to enable them. Courts may also consider the capabilities of the company, along with how the changes would affect other employees. They may also consider whether upgrades are vital to an employee’s health. 

Can an Employee Be Terminated for a Disability?

Legally, an employee cannot be terminated for a disability. However, companies can engage in some similar tactics to try to get around this, such as eliminating a position or depriving the employee of training and resources to seek promotions. Your lawyer can help you determine if these instances are discriminatory. 

How Might an Employee Retaliate Against Someone for Reporting Discrimination?

An employee may retaliate against someone for reporting discrimination by treating them unfairly, being overly strict with punishments, denying them access to training resources or employee benefits, or, in some cases, even demoting them. However, if a lawyer can prove these actions were in response to reporting discrimination, the employer may be held liable. 

Can an Employer Request Proof of Your Disability?

An employer can request proof of your disability, but there are limits on what they can ask. They may request medical documentation about your needs or your work limitations when you are describing the reasonable accommodation you require. The information you provide must be relevant to your functional performance on the job. 

Richmond, CA Disability Discrimination Lawyer

Valerian Law, P.C., has been defending workers in Richmond, CA, for over five decades. Our dedicated law firm has earned many positive reviews for the millions we’ve recovered on behalf of clients. Though no outcome is guaranteed, we can bring a true sense of care and professionalism to your case.

If you’ve been discriminated against at work for a disability, or even if you’re unsure about whether an action counts as discrimination, we can help. Contact us today to get the experienced counsel and dedicated approach to justice you deserve.