Orange County Employment Attorney
Orange County Disability Discrimination
As with many other areas of discrimination, discrimination towards people with disabilities has been prohibited by a variety of state and federal statutes. The two primary federal Acts passed due to concern for disabled individuals in the workplace are the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.
The Rehabilitation Act of 1973 forbids discrimination based on an individuals disability in programs or activities receiving federal financial assistance. This includes schools as well as a number of other areas that receive federal funding. While this Act improved the situation, it did not accomplish all that its drafters wished. In 1990, to improve the protections for those with disabilities, Congress enacted the Americans with Disabilities Act which augments the Rehabilitation Act of 1973.
The Americans with Disabilities Act of 1990 makes it illegal for private employers, state and local governments, employment agencies, and labor unions from discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, and job training. This act covers all employers that have 15 or more employees. It includes state, local, and federal governments in its list of employers.
An individual has a disability, according to the ADA of 1990, if he or she has a physical or mental impairment that substantially limits one or more major life activities, if he or she has a record of such impairment, and if he or she is regarded as having such impairment. An applicant or employee is qualified if he or she is able to perform the essential functions of the job in question, with or without reasonable accommodation. Here, reasonable accommodation may include making existing facilities used by employees easily accessible to and usable by persons with disabilities; job restructuring, modifying work schedules, reassignment to a vacant position; and acquiring or modifying equipment or devices. There are many other items which are considered by courts and Congress to be reasonable accommodations.
In California, employers with 5 or a greater number of employees are required to make a reasonable accommodation to the known disabilities of a qualified applicant if this action won’t result in any undue hardship on the operation of the employer’s business. Undue hardship is any action that requires significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.
In addition to all of the protections given to individuals with disabilities, the law also makes it unlawful to retaliate against an individual that in any way aids in the investigation of discrimination or refuses to go along with the discriminatory actions of their employer. These individuals do not have to be disabled themselves; they just have to be in objection in any way to an employer’s discriminatory acts.
If you or someone you know has been discriminated against by a possible or current employer based on a disability, contact Orange County employment lawyer of Perry Smith. The experiences of Perry Smith fighting for people on both sides of the same type of suit will work well in your favor.