Disability, FMLA, CFRA Discrimination Attorney in Los Angeles, California
At the Leichter Law Firm, APC, Aryeh Leichter, Los Angeles disability, FMLA, CFRA lawyer, represents California employees whose local, state, or federally protected rights have been violated by their employers so they can take back control of their livelihoods and integrity.
Through his thorough research, investigative resources, and commitment to only taking a select number of cases, the firm’s Los Angeles County employment law attorney is an employee advocate who focuses on successful negotiations and effective litigation.
As the sole representative of the Leichter Law Firm, APC, Ari is involved in every aspect of each of his client’s cases, so no detail is left to chance and no communication is lost in translation. He delivers a hands-on approach to pursuing justice for his clients while supplying a clear understanding of their legal rights and options.
If you believe your workplace rights have been violated because of a disability, contact Ari today to schedule a free consultation.
Which Local, State & Federal Laws Protect Disabled Employees’ Rights in California?
The U.S. Equal Employment Opportunity Commission (EEOC) federally outlines, controls, and enforces civil rights laws against workplace discrimination. The California Department of Fair Employment and Housing (DFEH) affords similar guidance and enforcement at the state level.
When a qualified individual with a disability is either an employee of a California company or a California employee of a company located in a different state and is treated unfavorably because of his or her condition, it may be interpreted as disability discrimination, according to the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).
Though the ADA and FEHA are substantially similar in protecting the rights of employees from unlawful workplace discrimination, they differ in some subtle but significant ways. FEHA generally offers broader coverage and protections to disabled employees than its federal counterpart.
For example, an individual with a disability under the ADA is a person 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
Our Los Angles Discrimination Attorney Serve The Following Practice Area
- Wrongful Termination
- Retaliation Claims
- Wage and Hour Claims
- Age Discrimination
- Pregnancy Discrimination
- Review of Severance Agreement
- Sexual Harassment
FEHA, however, only requires that a physical or mental condition limit (as opposed to substantially limit) a major life activity. The difference is that individuals with short-term or temporary disabilities may qualify for protection under FEHA Where the same condition may not qualify under the ADA. Further, whereas the ADA only applies to employers with fifteen or more employees, FEHA applies to employers with as few as five employees. An employer’s duty to accommodate an employee’s disability is also broader under FEHA than the ADA. Finally, whereas the ADA limits the amount of compensatory and punitive damages to which an aggrieved employee is entitled in a civil lawsuit, FEHA has no such cap on damages.
If you have suffered from discrimination in the workplace because of your disability, contact the firm’s experienced Harassment discrimination attorney in Los Angeles today to learn more about your rights and how they can be protected going forward.
What ADA, FEHA & Disability Workplace Accommodations are Required in California?
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.
California’s Americans with Disabilities Act and FEHA protect the rights of employees when their employers are not accommodating physical and/or mental disabilities, which 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 similar job at a different location
- Allowing for a reasonable amount of unpaid medical leave
If your employer refuses to provide the necessary accommodations for your disability, contact the firm’s experienced disability discrimination lawyer in Los Angeles today to schedule a free consultation.
How Does the California Family Rights Act and Family and Medical Leave Act Provide Protection for Disabled Employees?
Both the federal Family and Medical Leave Act (FMLA) and state California Family Rights Act (CFRA) provide workers including those with disabilities with protection for unpaid medical leave for various circumstances and emergencies.
FMLA protects employees working for eligible companies to take up to 12 workweeks 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.
The California Family Rights Act or CFRA, supplies added protections that may not cover certain aspects of or protections that do not exist under FMLA.
CFRA supplies 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.
However, beginning January 1, 2021, 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.
When California employees’ CFRA or FMLA rights are violated, the Leichter Law Firm’s Los Angeles employment law attorney will seek justice by holding their employers liable for their complete damages.
What Types of Damages are Available for ADA, FEHA, FMLA, or CFRA Disability Discrimination Cases in California?
The Los Angeles disability, FMLA, CRFA lawyer at Leichter Law Firm investigates each client’s unique discrimination case to pursue the compensation they deserve for the unlawful treatment they have suffered.
Disability discrimination in the workplace may be remedied by pursuing the customized damages a client is entitled to, based on their unique circumstances.
That may include:
- Access to reasonable accommodations
- Reinstatement to an earlier position, when applicable
- Past and future lost earnings
- Court costs and legal fees
- Pain, suffering, and emotional distress
- Potential punitive damages against the employer
- Policy changes
- Training requirements
Contact Our Disability, FMLA, CFRA Discrimination Lawyer in Los Angeles, CA For Help
If you have been discriminated against for having a disability in California, or have had your ADA, FEHA, FMLA, or CFRA rights violated, contact the skilled California employment law attorney at Leichter Law Firm, APC today by calling 818-915-6624 or online to discuss your legal rights and options during a free consultation.