Fighting for Workplace Justice
Fighting for Workplace Justice
San Francisco Disability Discrimination Lawyer
If you have experienced workplace discrimination due to a disability, Brandon Banks Law will fight to protect your rights. Disability discrimination is against California law and you have many rights and options moving forward.
At Brandon Banks Law, APC, we understand how challenging and confusing it can be to face discrimination on the job due to your disability. We will help put your mind at ease when you have fallen victim to discrimination, retaliation, or harassment based on your disability circumstances.
Contact us today to schedule an initial consultation with us, or fill out our employment intake form so that we know how to best serve you along the way.
Do I Need an Attorney for a Disability Discrimination Claim?
Reporting a complaint of disability discrimination with an employer or an HR department is one of the first steps that many individuals will take after they have been treated unfavorably on the job. Even though these corporate resources are supposed to investigate your claim and provide you with useful information on your next steps, this does not always happen. This can leave you in a difficult position where you wonder where you can turn.
California laws offer protections to employees with actual or perceived disabilities, as well as the need to provide reasonable accommodations to employees. However, these laws and protections can sometimes be complex and difficult to understand. In these cases, it can be helpful to hire a San Francisco Disability Discrimination Lawyer to file a claim.
Though California law does not legally require you to move forward with a claim with the help of an attorney, their experience with your case can help expedite the process and ensure that you are treated fairly.
A disability discrimination lawyer at Brandon Banks Law will gather evidence in your case, identify at-fault parties, and even speak with witnesses who have seen acts of disability discrimination in the workplace. Your lawyer will also ensure that all deadlines are met in accordance with San Francisco’s disability discrimination statutes of limitations so that you do not miss out on your ability to file a claim.
What is Disability Discrimination in the Workplace?
Disability discrimination in the workplace occurs when an employee or applicant for a job is treated unfairly due to their disability. California disability laws forbid discrimination during any term of employment, including hiring, firing, promotions, and more.
There are several ways that California determines if somebody has a qualifying disability, including the following:
- The individual has a physical or mental condition that limits their major life activity such as walking, talking, seeing, hearing, learning, or operating a major bodily function.
- The individual has a documented history of disability.
Job applicants or current employees also have the right to request reasonable accommodations in the workplace due to a disability. These accommodations can help those with a disability apply for a job, perform workplace duties to the best of their ability, and enjoy the benefits that come with employment. Though employers do not have to provide accommodations if it would cause hardship to the business, they cannot refuse an accommodation just because it involves spending money.
Many individuals experience disability discrimination in the workplace significantly, through demotion, suspension, or even a termination from the job entirely. An employee facing this type of discrimination has many rights and options under California law.
What Disabilities Are Protected Under California Law?
Both physical and mental disabilities are protected under the Fair Employment and Housing Act (FEHA). There are many types of disabilities that fall under this range in California.
Mental disabilities include, but are not limited to, some of the following:
- Bipolar disorder
- Clinical depression
- Anxiety disorders
- Intellectual and learning disabilities
- Obsessive-compulsive disorder
Physical disabilities are disfigurements or diseases that affect a person’s body and major life activities. These include physiological diseases, disorders, conditions, disfigurement, or anatomical loss. They include both conditions that are permanent and temporary, such as the following:
- Impaired eyesight, hearing, and speech
- Chronic diseases and conditions
- Diabetes
- HIV/AIDS
- Cancer
- Loss of a limb
- Pregnancy and childbirth
What Are Some Signs of Disability Discrimination in the Workplace?
Unfortunately, many employees or prospective employees do not realize that they are facing disability discrimination from the start. Most acts of discrimination are very subtle, as outward discrimination against those with a disability could put a company at risk and cause them to become exposed to a lawsuit.
Some signs of disability discrimination include:
- Being excluded from meetings and workplace events
- Adverse changes in job performance reviews
- Altered work duties or an increase in the amount of work given
- Reduced hours and pay
- Jokes about the person’s disability
It is also possible to be discriminated against for your disability during job interview. Improper interview questions include those concerning your general health, medical condition, or any mental or physical disability you experience.
Should I File a Workplace Discrimination Complaint?
From the moment that you experience workplace discrimination due to your disability, you may choose to work with a supervisor concerning the issue. From there, you have the choice to contact your employer’s human resources representative or a reasonable accommodation coordinator in San Francisco. However, if there is no resolution to these matters, you may have no choice but to file a complaint with either the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD).
Under California law, you have the civil right to file a complaint with either the CRD or EEOC but this is typically required before you will be permitted to file a lawsuit against your employer. At Brandon Banks Law, we can help you file a complaint with the CRD, obtain a right to sue notice, and move forward with a lawsuit if it is necessary. The CRD administrative process concerning complaints can be an extensive endeavor, which means that your attorney can help you through this process and possibly expedite it so that you can receive a resolution more quickly.
How Much is My San Francisco Disability Discrimination Claim Worth?
It is not possible for an attorney to determine the exact compensation that you will receive as a result of your disability discrimination claim until you are further along in the claims process. However, our attorneys can give you an idea of what you can expect based on the strength of your case. The damages that may be available for you may include monetary damages and punitive damages if your case is successful.
Some of the monetary damages you may receive in your case include the following:
- Back pay after a firing
- Front pay
- Higher income from a promotion or raise
- Benefits
- Pain and suffering
- Emotional distress
Depending on the circumstances of your case, you may also be eligible for punitive damages. These damages are meant to punish the behavior of your employer and deter other employers from engaging in the same discriminatory behavior in the future. It is also important to note that you cannot be retaliated against for reporting disability discrimination in your workplace.
California State Laws Regarding Disability Discrimination
California Fair Employment and Housing Act (FEHA): This is California’s primary law that provides employees from disability discrimination, retaliation, and harassment. These laws apply to all employers who have five or more full-time or part-time employees. FEHA follows many of the same nondiscrimination laws that have been instated under federal law to protect employees.
Unruh Civil Rights Act: The Unruh Civil Rights Act under California Civil Code Section 51 provides employees with protection from discrimination from any business establishment in California.
Disabled Persons Act: This act provides California individuals with disabilities to full and equal access to accommodations, advantages, and various facilities throughout the state.
Contact a San Francisco Disability Discrimination Lawyer Today
Facing workplace discrimination due to a disability can be worrisome. You should never have to move forward with a discrimination case entirely on your own. At Brandon Banks Law, APC, we have extensive knowledge of California laws regarding discrimination and will represent you as a protected member of the San Francisco workplace community. Please contact a San Francisco employment lawyer at our office today, as well as take the time to fill out our Employment Intake Form so that we can begin handling your disability discrimination claim.
Disclaimer: While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call the firm or complete the intake form below.
