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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.

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.

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.

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.