Disability Discrimination Attorneys in Fresno
What Is the Americans with Disabilities Act?
The Americans with Disabilities Act (“ADA”) was enacted by Congress in 1990 with the intent to ensure that disabled individuals are not discriminated against due to their disability. Although the ADA is a complex statute, at its core are several definitions and requirements that make sure it is followed by employers and protects the workers. Our attorneys have been representing employees since the inception of the law. We have the experience in representing, counseling and guiding executives, directors, employees, and applicants who have been discriminated against in regards to the ADA.
Who Does the Americans with Disabilities Act Protect?
The ADA protects those who are “qualified individuals with a disability.” An individual is considered to have a disability if he or she has a mental or physical impairment that substantially limits his or her major life activity. In addition, the ADA includes those who have a past of or currently have a substantial impairment.
A “substantial impairment” limits or restricts a major life activity such as breathing, seeing, smelling, hearing, walking, speaking, caring for one’s self, or performing basic manual tasks. In the job realm, a “qualified individual” is one who must be able to perform the essential functions of the job with or without reasonable accommodations. He or she must satisfy the requirements of the job whether it is based on one’s education, experience, licenses, training or other qualifications. Moreover, he or she must be able to perform the tasks essential to the job with or without reasonable accommodations. Therefore, the applicant or employee must be qualified as well as capable to receive protections under the ADA in case of disability discrimination.
Employers may not require applicants to go through pre-employment medical examinations or provide the nature or severity of their disability. Finally, President Obama signed new legislation that extends the statute of limitations (the legal deadline) to bring claims against companies that discriminate as well as expanded the definition of what is considered a disability.
Law Firm Dedicated to Representing Fresno’s Employees
At Stephen Danz & Associates, we have some of Fresno’s top employment law attorneys. The Americans with Disabilities Act (“ADA”) and California’s Fair Employment and Housing Act (“FEHA”) strictly prohibit employers from discriminating against employees merely based on a physical or mental disability. In addition, if an employee has a disability but is able to perform the tasks of the job with reasonable accommodations, the employer must provide those to the employee. This also extends to temporary physical or mental disabilities. If you have any questions about the applicability of your disability to the ADA or FEHA, please call us today ator complete the online form and our office will contact you.
California has some of the strictest anti-discrimination laws and employee-friendly courts. Therefore, if you believe that you were discriminated against by an employer or future employer due to your disability, contact our office as soon as possible since some of the disability discrimination laws contain tight filing deadlines. Your consultation is free and we accept disability discrimination cases on a contingency basis. This means that we do not receive any fees if there is no compensation recovered.
Some of the most common types of employment practices that the ADA covers include the application process, hiring, testing, training, assignment, lay-off, compensation (benefits, evaluation, promotion, demotion), and leave. The ADA also protects those who complain about disability discrimination from retaliation. It protects individuals with a disability as well as his or her affiliation with a family member or social relationship of one with disability.
What Companies Are Covered by the ADA and FEHA?
The ADA and FEHA require all types of business to prohibit disability discrimination. This includes private and public businesses that have 15 or more employees (for ADA) or 5 or more employees (under FEHA). The ADA is enforced by the Equal Employment Opportunity Committee (“EEOC”) and the Department of Justice. FEHA is enforced by the Department of Fair Employment and Housing (“DFEH”).
Employment-Based Disability Discrimination
At its foundation, the ADA prohibits discrimination against applicants and employees which is contingent upon a disability. Discrimination may take the form of non-hiring, demotions, none-promotions, training, wages, and other work-related compensation and benefits. There are also protections against employers asking about the applicant’s disability before he or she is hired.
Please note that the ADA only applies to companies that have 15 or more employees while FEHA is more protective in that it applies to companies that have 5 or more employees. There are also provisions about who is considered an employee. Our attorneys are well versed in these laws and will be able to assess your case and provide proper guidance as to whether accommodations should have been made or disability discrimination took place.
What is Considered “Reasonable Accommodation”?
California employers must provide their disabled employees with reasonable accommodations for job-related tasks. The following accommodations are commonly considered reasonable:
-Installing handrails and ramps
-Providing an individual work schedule such as to assist someone with vision issues
-Special equipment or devices may be provided
-Transferring the employee to a different location
Reasonable Accommodation v. Undue Hardship
It is important to know that companies that are required to make reasonable accommodations may meet certain exceptions. These exceptions permit companies to forgo costly or difficult accommodations since they will cause “undue hardship” to the company. Each scenario has its own facts and must be evaluated carefully by our attorneys and retained experts. In addition, companies do not have to lower their performance expectations to accommodate a disabled employee. However, they must reasonably accommodate an employee so that he or she may still be able to adequately perform.
Each Case Is Unique – Don’t Be a Victim!
When you speak with our dedicated and experienced attorney, he or she will counsel you on what may be subject to unlawful disability discrimination. If both you and the attorney conclude that disability discrimination occurred, the attorney will guide you on what steps to take to protect your legal options and how to obtain compensation, reinstatement, corrective action and other avenues. We will also represent you when filing a claim with the government agency in addition to filing your claim in court
Call Our Office for a Complimentary Consultation Today
If you or someone you know was or is the victim of employment discrimination due to physical or mental disability in Fresno, please contact us at (877) 987-9707.
If any of the above scenarios occurred to you or your colleagues in the workplace, consult with some of the most experienced Fresno 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 Fresno area employment discrimination lawyers who 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 Fresno based employment discrimination attorneys today for a free consultation at 877-789-9707.
93715, 93728, 93729
“I would like to thank you for your associate Ely for your kind help, support and extremely detailed insight into my case. Thank you for the referral and for your genuine personal approach to my situation. You have my deepest respect and admiration. He is my favorite lawyer ever yet so far.
– Yulia G.”
Stephen Danz & Associates-Fresno