What is Disability Discrimination?
Disability discrimination attorney Choe describes discrimination as being treated differently from other people. The law protects you from being treated differently for certain attributes, and one of them is disability. Because he represents injured workers, he frequently pursues disability discrimination claims. Basically, an employer cannot treat you differently from any of the other employees because you have a disability.
Mr. Choe often sees this occur with someone with a workers’ compensation claim who is disabled and sent back to work, but requires certain accommodations. For example, an employee can return to work, but with a work restriction of no lifting over 25 pounds. The employer is required to make a good faith attempt to accommodate that restriction. Many times, they do not do that. That is a situation where his firm believes that the client has been discriminated against.
Another scenario is when someone already has a disability and, for some reason, is being treated differently because of that disability. That is discrimination as well.
What are Common Disabilities?
The common disabilities that our has handled are actual physical limitations, such as a requirement that you cannot lift more a certain number of pounds, or a requirement as to where you have to be seated. Also, we have seen disabilities that require someone to be near a restroom.
Additionally, there are mental disabilities. There are situations where people can have a psychiatric condition. Maybe their medication regiment needs to be accommodated. So, it does not have to be physical in nature. There are other disabilities that can become discriminated against.
Usually, what our disability discrimination attorneys look for whether there is a medical condition. If there is a medical condition that requires some sort of accommodation, that would be considered a disability.
Refused a Job Due to Disability?
Employers cannot refuse to hire a prospective employee because of a disability. They cannot say, “I’m not hiring you because you are blind” or “I’m not hiring you because you have this physical limitation.” Unfortunately, in that situation, the prospective employee is told, “We decided to go with somebody else.” As a result, this type of disability discrimination can be difficult to prove.
Los Angeles Disabled Employee Discrimination
One is not allowed to be fired if they suddenly become disabled. In that situation, our firm would want the employer to make a good faith effort to accommodate the disability or the restriction in connection with whatever work restriction that employee would have. There are state and federal laws that require employers to do this and also protect the employee’s job while they are disabled.
Los Angeles Pregnancy Disability Discrimination Attorneys
Pregnancy, in and of itself, is not considered a disability; however, pregnancy can cause disabilities. Actually, California state law acknowledges pregnancy leave. If you are unable to work because of your pregnancy, an employer is not permitted to discriminate against you because of that condition.
How the Law Offices of Anthony Choe Can Help
The Los Angeles disability discrimination attorneys at Law Offices of Anthony Choe would start with a very honest and full assessment of your case. Attorney Choe would review the options that you have, and will work closely with you. He will represent you being mindful of what your goals are for the case; whether you want your job back or whether you are looking for a financial remedy. Depending on what you are looking for, Mr. Choe will fight for your rights to just compensation.