If you have a chronic medical or mental disease, and believe your employer has either failed to provide you with reasonable accommodations, or fired you because of your problems, you may have a Federal or State cause of action against your employer. Employers do not fully understand the scope of those laws and often apply the rules incorrectly. Disabled workers may encounter an unwillingness to change work schedules, allow telecommuting, or even be fired.
You do have the option of filing a complaint with either the California Department of Fair Employment and Housing, or the Equal Employment Opportunities Commission (Federal Claim). In addition, you have the option of filing a civil lawsuit on the State or Federal level. After filing a complaint, you should know the advantages and drawbacks to a State or Federal claim.
As a general rule, California law provides a more generous definition of disability. The Americans With Disabilities Act has a narrower view of disability, stating that it must be a substantial limitation, while California law only requires a ‘limitation’ and lists medical conditions that are within its’ scope: HIV/AIDS, Hepatitis, epilepsy, and even disorders that require physical therapy.
Employers, particularly larger companies, will fight employee lawsuits. They counter the duty to provide reasonable accommodations by arguing that making adjustments would be too costly and too disruptive. The Employee’s lawyer could defeat this by pointing out a failure to consider other, less expensive options.
If you feel you have been a victim of disability discrimination contact Yadegar, Minoofar & Soleymani LLP today for a free consultation.