Disability Discrimination Attorneys in San Bernardino
Trusted Plaintiff-Side Law Firm Representing Only Executives and Employees
A vital component to being considered disabled under the Americans with Disabilities Act (“ADA”) is that you must, with or without reasonable accommodation, be able to perform the essential functions of the work that you already occupy or that you are seeking. Accordingly, someone is disabled under the ADA if he has a physical or mental impairment which substantially limits one or more major life activity, has a record of the impairment or is regarded as having the impairment. Therefore, if you fall under this category, then under the ADA your employer must provide you with reasonable accommodation unless that would create undue hardship on the employer.
These types of cases and what is considered “reasonable accommodation” and “undue hardship” are fact-specific. Contact our office by calling 877-789-9707 or completing the online form and we can assist you with determining whether your employer must provide you with the reasonable accommodation. Please note that the employer must have 15 or more employees for each working day within 20 or more calendar weeks to be required to comply with the ADA. Similar to discrimination cases under Title VII of the Civil Rights Act of 1964 (“Title VII”), the applicant/employee must file a charge of discrimination with the California state agency or the Equal Employment Opportunity Commission (“EEOC”). Each of these agencies has specific time limitations for filing the charges. Consequently, after said charges are filed, the agency would grant the Right to Sue letter which we then use to file the complaint in court.
As ADA Lawyers, We Remain Current On Rules and Cases To Better Serve Our Clients
Ever since the ADA was passed in 1990, we’ve been on the forefront of its related litigation. Since its inception, we’ve witnessed its growth into more workplaces, buildings, facilities, and transportation. It covers employers that have 15 or more employees and requires them to provide equal opportunities to be hired and work, receive training, fair salaries, and benefits without discrimination. Even during the interview process, we’ve heard employers breaking the law by asking about the disability or afterwards not providing the employee with reasonable accommodation.
Under the ADA, “Disability” is defined as a physical or mental impairment that substantially limits major life activities. Performing physical tasks, seeing, hearing, standing, speaking, thinking and communicating are some examples of major life activities. Also, deafness, blindness, mobility impairments, autism, select diseases such as cancer and HIV, and depression are other examples of what may be considered a disability. When applying for a position, an applicant must nevertheless be qualified for the position and must be able to perform the tasks with reasonable accommodation.
Employers may not:
(1) ask applicants to take a medical exam before making them a job offer;
(2) ask about the applicants’ disability before a job offer is made.
If the applicant is not hired, the employer must show that the reason for not hiring him or her was not due to the disability, and that no reasonable accommodation may be made to allow the applicant to perform the job functions. Our attorneys may be able to evaluate your case during your initial call. Some of the remedies that our clients received include hiring, reinstatement, back pay, front pay, attorney’s fees, court costs, and at times punitive damages in outrageous situations. We will take the time to guide you on how to apply the ADA to your scenario. An experienced attorney will be able to tell you what documentation you need to obtain, the chronology created, and other evidence critical to your case.
Watch Out for Deadlines – Charges must be filed with the EEOC within 180 days from discrimination date. Call us to discuss your facts at 877-789-9707, or visit our offices throughout Southern California.
More Information About Filing ADA Cases
If any of the above scenarios occurred to you or your colleagues in the workplace, consult with some of the most experienced San Bernardino Age Discrimination Lawyers at Stephen Danz and Associates. We have successfully settled or litigated hundreds of cases of age discrimination. Each individual who contacts us for a free, no obligation consultation, will be granted ample time to discuss the case as well as fully understand the process. We value our clients and develop a strategy toward success. With the right resources, decades of experience, and the know-how, our firm is prepared to take your age discrimination case seriously, and we are ready and able to negotiate a settlement or take your case to court.
Remedies Are Based on Proper Representation and Accurate Strategy
Success is contingent on the attorney representation. Proper representation achieves maximum results based on the remedies obtained under the ADEA and FEHA. Some of these remedies include lost wages, front pay which is pay that will compensate the employee for lost future earnings that would have been earned if he or she was not discriminated against, reinstatement to the position, attorney’s fees and court costs. In addition, if we can show that the age discrimination was willful, then your award may include double wage damages and benefit damages.
If you have been adversely affected by age discrimination or retaliation at work, contact San Bernardino area employment discrimination lawyers that specialize in the representation of executives and employees in age discrimination cases. To discuss your case and explain what we can do for you, speak to our San Bernardino based employment discrimination attorneys today for a free consultation at 877-789-9707.