
Livermore Disability Discrimination Lawyer
Experienced Disability Discrimination Attorney in Livermore, CA
Often, employees with disabilities face additional challenges in their everyday lives at work. When an employer violates disability discrimination laws, victims are under even more strain at work. A Livermore disability discrimination lawyer can hold employers accountable for their actions while also supporting victims’ recovery after discrimination.
Why Choose Us?
At Valerian Law, P.C., we bring 56 years of legal experience to every case. Our lawyers understand how challenging it can be to experience discrimination because of a disability. We can provide personalized attention to each aspect of your case, working with empathy to guide you throughout the claims process. We are dedicated to pursuing justice and fair compensation in a disability discrimination case.
What Rights Do Disabled Employees Have in Livermore?
Disabled employees have several rights that apply in a disability discrimination case. The first major right is against employment discrimination and harassment. Employees with disabilities should be treated equally in hiring, pay, promotions, demotions, and firing decisions compared to employees without disabilities.
Another right is the right to reasonable accommodations. Over half of employers make accommodations to retain valued employees with disabilities. Accommodations should be effective in helping you complete your job duties without causing undue hardship on your employer. You and your employer should engage in good-faith conversations to decide what accommodations meet your needs while also being reasonable for the employer to provide.
Accommodations often include:
- Mobility aids
- Physical modifications, such as adding wheelchair ramps or an accessible restroom
- Assistive technology, such as screen readers or speech-to-text software
- Schedule modifications, such as flexible hours or time off for medical appointments
- Work from home or a hybrid job schedule
The right to use medical leave is another right that matters for many employees with disabilities. This includes the ability to use leave under the Family Medical Leave Act and the California Family Rights Act. This right allows employees to receive necessary medical care, such as through the Stanford Health Care Tri-Valley Medical Center, or take time off when they cannot work.
Common Types of Disability Discrimination We See
Of California adults with disabilities, 30% work full-time, and another 16% work part-time. Meanwhile, there were 14,430 employment complaints based on disability filed with the California Civil Rights Department in 2024. Disability discrimination can take many forms, but common examples include:
- Harassment because of an individual’s disability or use of accommodations
- Denial of reasonable accommodations
- Not hiring an applicant due to their disability
- Retaliation due to requesting or using reasonable accommodations
- Retaliation due to requesting or using medical leave
If you are being treated unfairly due to your disability, a Livermore disability discrimination attorney can file a claim on your behalf. A lawyer can personalize your claim according to your employer’s specific actions and what damages you have suffered.
Remedies in a Disability Discrimination Case
By filing a claim, you can pursue remedies that support your personal recovery while also preventing future instances of discrimination. If you hire a disability discrimination lawyer, they can calculate your damages and pursue the appropriate recovery, whether through settlement negotiations or by advocating for you in court.
Compensation is one of the main remedies you can pursue. Compensation often addresses:
- Economic damages. These are the financial losses you have suffered, such as back pay or front pay, and any other relevant expenses.
- Non-economic damages. These are your intangible losses, such as the impact on your mental health, along with your overall pain and suffering.
- Punitive damages. Punitive damages are only available in cases involving severe or willful misconduct. They are included in your compensation to punish your employer for their malicious or extremely negligent actions.
Another type of remedy is injunctive relief. This involves court orders that require your employer to take a specific action. This could mean:
- Ending discriminatory actions
- Reinstating you if you were wrongfully terminated
- Removing a specific discriminatory employee
- Requiring further training to minimize the chance of future misconduct
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 Disability Discrimination Laws Protect Disabled Employees?
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to disabled employees. The Fair Employment and Housing Act (FEHA) is a California law that prohibits discrimination based on disability status. The ADA and FEHA are only two of several disability discrimination laws that may apply to your case. A Livermore disability discrimination lawyer can explain which laws your employer violated.
Can You Be Terminated While on Disability Leave in California?
Yes, you can be terminated while on leave due to your disability, such as
- Pregnancy disability leave
- Leave under the Family and Medical Leave Act or the California Family Rights Act
You can be fired for reasons such as layoffs, restructuring, or legitimate performance issues from before your leave. However, it is illegal to be fired because of your disability. You also cannot be fired for requesting or using leave because of your disability.
What Does Retaliation Look Like in a Disability Discrimination Case?
Retaliation in a disability discrimination case can include a variety of unjust actions meant to punish you, such as being wrongfully fired, demoted, or receiving negative performance reviews or treatment while at work. Often, an employer retaliates because an employee requests or uses disability accommodations, needs medical leave, or files a claim against the employer. Retaliation is illegal, and you should speak with a lawyer if you are experiencing this.
What Disabilities Are Protected by Disability Discrimination Laws?
In California, any disability that limits one or more major life activities is covered by state disability discrimination laws. To be protected under federal laws, your disability must substantially limit a major life activity. These include walking, working, speaking, hearing, or seeing. Mental disabilities, physical disabilities, and medical conditions are all covered.
Hire a Disability Discrimination Lawyer You Can Rely On
Filing a disability discrimination claim can be complex, requiring you to gather evidence, negotiate with your employer, and meet all court filing requirements and deadlines. Contact Valerian Law, P.C., to schedule a consultation where you can learn how a skilled Livermore disability discrimination attorney can make this process easier and protect your rights in Livermore.