Under the Americans with Disabilities Act (ADA) and California Labor Code, employers are prohibited from discriminating against employees with disabilities when it comes to hiring, firing, pay rate, and promotion or demotion.
What is considered a disability?
Under the ADA, a disability is any physical or mental impairment that can limit the activity of an individual in life or in the workplace. Examples of functions a disability could impair would be walking, lifting, pushing, reading, speaking, concentrating.
Can you do the job?
Even though the individual might have a disability it is still necessary for them to be able to do the essential duties the job requires. To be a qualified worker with a disability you must be able to do the work either with the reasonable accommodations given or without them.
Have you been given Reasonable Accommodation?
If needed, a conversation has to be held with the employer about accommodations that would allow the employee to keep preforming his job as a worker with a disability. The employee needs to communicate the accommodations that would serve their disability yet the employer could suggest alternative accommodations that still help the employee perform his job.
However, it is important to be aware that these recommendations have to be reasonable for both the employer and employee. These accommodations must not become a hardship to the company or employer.
If you believe that you are being discriminated against at the workplace, contact the attorneys at Lepera + Associates, PC. They can help you bring a claim against the discriminating party and help you stand up for your rights under the ADA.