Not every employer is pleased with having physically disabled employees. It’s also not easy for the disabled workers to be in the workforce. The law in California is very stringent when it comes to dealing with disabled employees. If your employer seems to discriminate you because of a physical disability, you have to exercise your legal rights by seeking justice. Some employers mistreat disabled employees, such as keeping them off from job opportunities. The good news is that California law discriminates such acts in all stages of employment. Unfortunately, some employees don’t still have the right information regarding discrimination against working while physical disabled.
Understanding Physical Disability
According to the Fair Employment and Housing Act (FEHA), a physical disability includes limitations on personal physical functioning. It may consist of a condition, an anatomical loss of any other disfigurement. Physical disability can either be short or long term. The American Disability Act (ADA) protects you and ensures you are compensated if you’re wrongfully terminated for having a disability. The act allows for equal opportunities for all employees in the workplace. If you are a prospective job applicant or an employee who has suffered a physical disability, you may have difficulties at your place of work. Some include:
- Accessing working/meeting rooms
- Moving from place to place especially during peak hours
- Medication effects
If you have more of any other above difficulty, your employer should be willing to provide workplace adjustments to ensure you work with ease. For instance, your employer should provide a workstation specifically designed to have appropriate seating, height etc. But some employers are not willing to provide reasonable accommodation to such employees. Instead, they discriminate such employees or force them to leave the workplace.
Discrimination On Hiring And Retention
Discrimination due to physical disability may be so indirect that an employee may not be aware that they are being discriminated against. For instance, an employer may provide the information that their business doesn’t provide access to wheelchairs. It’s easy to get discriminate against without noticing. You may also be turned down simply because you are not aware of the law. If you have lost your job due to a physical disability, you may consider looking for top employment law firm. The rights of workers with a physical disability may be confusing; they require the right legal knowledge. It’s unlawful for an employer to fail to hire an employee with a disability. It is also illegal for an employer to fire an employee either because they got injured at workplace or developed a disability. To fight such kinds of discrimination, the FEHA ensures that there are right to protect employees with disabilities. To avoid any unnecessary process to take after discrimination when you have applied for a job, you may choose to:
- Refrain from giving any information to the disability-related questions, until after you have been granted a job offer. This is not unless the answer may be necessary to determine whether you can fulfill an essential function in the position you are applying for
- Check whether the job application has any statement directed towards physically disabled people.
- Ensure any screening is conducted in line with the hiring process and in treating every job applicant the same.
- Take any form of harassment seriously and be ready to investigate any circumstance that proves to be discriminatory.
If you note any form of discrimination, you should be ready to talk with an employment lawyer right away. Filing such a lawsuit on your own may not yield fruits. Your employer may take adverse actions against you once he/she realizes you don’t have any legal representation.
Filing Your Physical Disability Wrongful Termination Case
If you believe in having been fired illegally due to your physical disability you can take an action by fighting for your legal rights. Before then, you may choose to raise the issue to your employer directly. It’s always recommendable to try to resolve such cases informally. If not comfortable with this, you may use an external agency to make complaints. For a successful complaint you should:
- Make sure you’re aware of the relevant stages you need to file your complaint.
- Make the complaint in writing and remember to make your copy. Also, make sure the information is clear and brief.
- Produce the right evidence. This may include written emails or any other communication you had with your supervisor or manager that you believe to be discriminatory.
If you need legal advice on how to come up with a successful complaint, you can speak to an employment lawyer who has dealt with disability cases. Your lawyer may represent you if you are to take an appeal to court. As long as you can perform your duties with reasonable accommodation, your employer has no right to fire you. If you are thinking about filing a physical disability claim, you can choose to work with a lawyer to resolve your case.