In California, and elsewhere, disabled employees protect against discrimination pursuant to the federal Americans with Disability Acts (ADA). Both physical and mental disabilities shelter under the ADA. If you discriminate against or not provide reasonable accommodation. You may entitle to bring a lawsuit against your employer and secure compensation. Contact our employment attorney in Los Angeles and also discuss your options.
In fact, the ADA not only prohibits discriminatory conduct against qualified disabled employees. But also imposes a duty on employers to provide reasonable accommodation to applicants. And employees whose disability renders them unable to perform the essential functions of the job (without the reasonable accommodation at issue).
An accommodation request will not grant automatically. Instead, and the employee may investigate (in a timely manner) to determine whether a reasonable accommodation is necessary, and if so, what sort of accommodation is required. Accommodations can vary significantly depending on the circumstances. In some cases, an employer expects to modify equipment to allow a disabled employee to access it or may have to allow for the use of a service animal.
Whether an employer’s requirement to make an accommodation turns on the issue of undue hardship. If the accommodation is unreasonable (i.e., can only provide at significant difficulty or expense).It will impose an undue hardship on the employee and cannot be required by law.
The undue hardship analysis is multi-faceted. And It is not exclusively based on cost or even inconvenience. Factors that will include:
If an employer has failed to provide reasonable accommodations, they expose to significant civil liability. You may entitle to damages that include lost wages (past and future), loss of benefits, loss of bonus payments, mental anguish, and pain and suffering. In some cases, an equitable remedy may be available — the court may require the employer to provide the accommodation at issue.
At Prestige Law Firm, our attorneys also have decades of experience handling employment law claims on behalf of disabled employees. Who doesn’t provide reasonable accommodation? We understand how to navigate the inherent complexity of an employment dispute centered around a disability accommodation. And how to do so in a manner that maximizes your likelihood of success.
Call 818-788-0808 or send us a message online to schedule a free and also confidential consultation with an experienced employment attorney in our Los Angeles office today.
