Both federal and state law provide certain protections when it comes to disability. Specifically, you cannot be discriminated against on the basis of your disability. Harassment at work based on your disability is also illegal and your employer must make reasonable accommodations to allow you to work with your disabling condition.
It’s important to understand what specifically it means to be disabled in order to determine if you qualify for these legal protections. Our disability discrimination attorneys at Yadegar, Minoofar & Soleymani, LLP can help you to understand your rights. You can also read on to learn about what counts as a disability under California law.
What Is the Definition of Disabled Under California Law?
According to the Civil Rights Department in the State of California, “disabilities are broadly defined as conditions that limit a major life activity, including physical and mental disabilities, as well as medical conditions such as cancer or HIV/AIDS. California definitions and protections can be broader than protections under federal law.”
California law differs from federal law in important ways. While the Americans with Disabilities Act defines disability to include conditions that “substantially limit” major life activities, California law requires only that your disabling condition “limit” a major life activity or make it more difficult. “Invisible” disabilities like learning development issues such as ADHD and dyslexia can qualify you for disability status, as can a perception that you are disabled even if you no longer are.
What Are Your Rights if You’re Disabled Under California Law?
California and the federal government both have multiple laws that provide you with protection from being treated wrongfully on the basis of your disability. These laws include:
- The California Fair Employment and Housing Act (FEHA)
- The Unruh Civil Rights Act
- The Disabled Persons Act
- The Americans with Disabilities Act
You have the right to file an administrative complaint with state agencies like the California Civil Rights Department and the Equal Employment Opportunity Commission. If you have suffered a loss because of disability discrimination or mistreatment based on your disability, you may also be able to file a civil lawsuit to recover monetary damages.
You will need to prove both that you meet the definition of disabled and that you were treated inappropriately or unfairly in violation of your disability status. This can involve obtaining documents from your workplace, like emails and Slack or team messages, as well as gathering evidence like witness and expert testimony.
If you can demonstrate a violation of the law, you should be fully repaid for the harm done by the illegal behavior. Our professional discrimination attorneys in Los Angeles are here to guide you through the legal process. Call us at (310) 499-0140.
A California Disability Discrimination Lawyer Is Here to Help
If you have been denied work, discriminated against in the terms and conditions of your employment, or had any of your rights violated because of your disability status, Yadegar, Minoofar & Soleymani, LLP is here to help you.
Our employment law firm has been fighting for the disabled for decades, and we’re committed to getting you the justice you deserve. Give us a call or contact us online today to schedule your free consultation and find out more.