Experienced Costa Mesa Disability Discrimination Attorney
At the Leichter Law Firm, APC, the disability discrimination attorney in Costa Mesa, Aryeh Leichter, represents employees throughout the state of California whose local, state, or federally protected rights have been violated because they have different abilities than other employees.
The law firm’s Orange County, California employment law attorney focuses on the important details of each case by maintaining a select caseload that allows him to deliver a hands-on approach to pursuing justice for disabled workers, so they understand their complete rights and the legal remedies that accompany them.
Understanding Your Local, State & Federal Rights as a Disabled Employee in California
Before disabled employees throughout California can pursue a discrimination claim against their employers, it is critical that they understand their rights, so they can fully enforce them.
From a state level, disabled California employees are protected by the California Department of Fair Employment and Housing (DFEH) and the California Fair Employment and Housing Act (FEHA) against unfavorable treatment, and provides broader protections for local employees than its ADA counterpart.
A Costa Mesa disability discrimination lawyer can help employees fully understand their rights, so there is no confusion about what they are afforded under various laws.
ADA protections apply to employers with fifteen or more employees, and identifies an individual with a disability as one who:
- Has a physical or mental impairment that substantially limits one or more major life activities.
- Has a record of such an impairment.
- Is regarded as having such an impairment.
However, the FEHA takes disability protection a step further, and applies to employers with as few as five employees, and only requires that a physical or mental condition limit, as opposed to substantially limit a major life activity, which may allow individuals with temporary or short-term disabilities to qualify for protection.
Another major factor that differentiates between the federal and state protections is the ADA limits the amount of compensatory and punitive damages an employee may pursue during a civil lawsuit, FEHA has no such cap on damages.
Contact the Costa Mesa disability discrimination attorney at the Leichter Law Firm, APC today to learn more about the legal remedies available for your unique employment law claim today.
Are California Employers Required to Provide Accommodations for Disabled Employees?
Employees who have a disability and the necessary skills, experience, and certifications for a job, and can perform its essential functions, must be supplied reasonable accommodations by their employer, so long as doing so would not cause undue hardship to the employer.
Under California’s Americans with Disabilities Act and FEHA that may include:
- Making changes to existing equipment and facilities to help disabled workers.
- Modifying an employee’s hours and days to allow time for required medical treatment.
- Transferring an employee to the same job or a similar job at a different location.
- Allowing for a reasonable amount of unpaid medical leave.
Federal and State Unpaid Medical Leave Protection for Disabled Employees in California
Two important Acts provide disabled employees in California with unpaid, job-protected leave for various circumstances and emergencies.
- The federal Family and Medical Leave Act(FMLA)
- The state of California Family Rights Act(CFRA)
FMLA protects employees working for eligible companies to take up to 12 work weeks of unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave each year.
For an employee to be eligible for these protections, they must:
- Have worked for the company for at least one year.
- Have worked at least 1,250 hours the previous year with the company.
- Have worked at a location with 50 employees within a 75-mile radius of the location.
The medical leave protections are for employees:
- To recover from a serious health condition that requires added treatment or inpatient care.
- For the birth of bonding of a child or adoption of a child by the worker.
- For the serious health condition of a spouse, parent, or child.
Employees may be eligible for twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a severe injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin.
Under FMLA, employers may not retaliate against employees who request leave under the federal provisions outlined in the Act. If you believe your federal workplace rights have been violated, contact the Costa Mesa FMLA discrimination lawyer at the Leichter Law Firm, APC today to learn more about your legal rights and options.
CFRA supplies additional protections for:
- Registered Domestic Partners
Registered domestic partners are not protected under the FMLA. Under CFRA, California domestic partners are protected just as spouses would be.
Under FMLA, pregnancy is covered as a serious health condition. California expanded its CFRA laws entitling pregnant employees to Pregnancy Disability Leave (PDL) of up to 16 weeks when they are employed by a company with five or more employees.
The Leichter Law Firm’s CFRA discrimination attorney in Costa Mesa can help you understand the best course of legal action to hold your employer responsible for any federal or state violations you have suffered, starting with a free consultation.
Contact the Leichter Law Firm, APC Disability Discrimination Lawyer in Costa Mesa, California
Contact Aryeh Leichter, the Leichter Law Firm, APC founder and disability discrimination attorney in Costa Mesa, California today to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online.