At the Leichter Law Firm, APC, the disability discrimination attorney in Newport Beach, Aryeh Leichter, understands the challenges California employees face when their abilities differ from their coworkers. Often, they require reasonable accommodations, time away from work, and other legally protected adjustments to their workspace environment or schedules, which are fully within their rights – and protected by both state and federal laws.
When they are discriminated against by coworkers, supervisors, or other company affiliates because of their disabilities, the law firm’s Orange County delivers a hands-on approach to pursuing justice, so they understand their complete rights and the legal remedies that accompany them.
If you believe your workplace rights have been violated because of a disability, contact Ari today to schedule a free consultation.
Which State and Federal Laws Protect California Employees from Disability Discrimination?
The Newport Beach disability discrimination attorney at the Leichter Law Firm, APC, wants all disabled employees to understand their legal rights, so they can enforce those that protect them from unlawful treatment in the workplace.
The Americans with Disabilities Act (ADA) is the federal law that protects employees from disability discrimination in the workplace, and is enforced by the U.S. Equal Employment Opportunity Commission (EEOC).
Locally, the California Fair Employment and Housing Act (FEHA) protects disabled workers from unfavorable treatment and provides broader protections for California employees than its ADA counterpart through enforcement by the California Department of Fair Employment and Housing (DFEH).
How Do Both Federal & California Laws Defined a Disability?
A Newport Beach disability discrimination lawyer can help employees fully understand their rights, so they know how both federal and state laws protect their workplace rights.
The ADA defines a disabled person 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.
The FEHA 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.
Other differences include:
- ADA protections apply to employers with fifteen or more employees, while FEHA applies to employers with as few as five employees.
- ADA limits the amount of compensatory and punitive damages an employee may pursue during a civil lawsuit, the FEHA has no such cap on damages.
If you have been discriminated against at work, allow the Newport Beach disability lawyer at the Leichter Law Firm, APC to assess your case during a free consultation, so you understand your complete rights to pursue your employer for their unlawful behavior.
Is My California Employer Required to Provide Reasonable Accommodations for My Disability?
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.
Protections provided by California’s Americans with Disabilities Act and FEHA include:
- Modifying an employee’s hours and days to allow time for required medical treatment.
- Allowing for a reasonable amount of unpaid medical leave.
- Making changes to existing equipment and facilities to help disabled workers.
- Transferring an employee to the same job or a similar job at a different location.
If you are being denied reasonable workplace accommodations for your disability, contact the Newport Beach disability discrimination lawyer at the Leichter Law Firm, APC for help today.
What Type of Unpaid Medical Leave Protection is Provided 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 work weeks 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 Newport Beach FMLA discrimination lawyer at the Leichter Law Firm, APC today to learn more about your legal rights and options.
CFRA provides additional protections for employees who are disabled by pregnancy, childbirth, breastfeeding, and related medical conditions. Within these protections, CFRA laws entitle 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 Newport Beach 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 today.
Contact the Leichter Law Firm, APC Disability Discrimination Lawyer in Newport Beach, California
Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment attorney in Newport Beach, 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.