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California Disability Discrimination Lawyers

Protecting your right to employment

Your disability does not interfere with your abilities to perform your job duties and should not be considered in hiring, pay, benefits, promotion or dismissal decisions. In addition, you have the right to expect reasonable accommodation of your disability so that you can complete your employment tasks.

The California labor and employment lawyers at Aiman-Smith & Marcy have more than 60 years of experience representing individuals with disabilities who have experienced discrimination in the workplace. We seek the maximum damages to which you are entitled — including back pay, expenses, emotional distress, putative damages and attorneys’ fees. If appropriate in your case, we also pursue injunctive relief to right the wrong that was done to you.

California and federal disability discrimination laws

Several state and federal laws address the vital issues affecting the rights of individuals with disabilities. The Americans with Disabilities Act (ADA) forbids discrimination and requires employers to accommodate applicants and employees unless doing so would cause employers significant difficulty or expense. The Fair Employment and Housing Act (FEHA) is the primary California statute governing disability discrimination cases.

Businesses’ duties to accommodate job applicants with disabilities

Laws against workplace discrimination extend to people applying for jobs as well as those who are working for an employer. Businesses must accommodate applicants’ disabilities during the recruitment process and cannot consider the disability when making hiring decisions. Our California workplace harassment lawyers demand that you be treated with the respect you deserve during your job search and in your workplace.

Definition of disability

A disability is described by the U.S. Equal Employment Opportunity Commission (EEOC) as a physical or mental condition that substantially limits a major life activity. These laws protect employees and job applicants who have permanent disabilities as well as those with a history of disability — such as cancer that is in remission — or a major disability that is expected to last for more than six months.  AIDS and HIV are also classified as disabilities under FEHA and so receive the protections granted under the federal and state statutes to individuals living with disabilities.

Learn more about how our disability discrimination attorneys in California defend your rights

If you have been the victim of disability discrimination, please call our office at 510-817-2711 or contact us online for a free consultation with one of our attorneys: Randall Aiman-Smith, Reed Marcy or Hallie Von Rock. Our office is located near the Oakland Coliseum off Highway 880, 66th Avenue exit. We welcome the opportunity to review and discuss your legal concerns.

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