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Disability Discrimination

A disability should never prevent you from being hired in the state of California if you are able-bodied and ready to work. Unfortunately, many employers are guilty of disability discrimination by denying employees with disabilities the same advantages and opportunities as their colleagues. Any employee with a physical or mental disability has the right to fair and equal treatment in the workplace and if you believe you have not been given such treatment, you may have a valid claim against your employer.

It’s important that you speak up against an unscrupulous employer who is discriminating against you because you have an actual disability or he or she believes you have one. Discrimination for a perceived disability is just as valid as a claim because it still places you at a disadvantage and you may be able to seek damages in the form of unpaid wages, underpaid benefits, and alternate employment opportunities that were lost, as well as remuneration of pain and suffering.

But if you determine that you do indeed have a claim against your employer, never attempt to negotiate  on your own. You are up against a litany of defense attorneys and insurance adjusters who are all working against you with a deep and abiding knowledge of California labor laws and employment disability discrimination statutes. They know how to work this legislation to their advantage, aware of every loophole, and they will use all of it to challenge the claim. You need someone on your side with the same expertise and experience as your employer, who will fight for the compensation you deserve, and knows how to deal with insurance adjusters and attorneys who want only to help your employer avoid any liability. You need the Sassooness Law Group on your side, we have been representing victims of disability discrimination for decades and we are ready to fight for you.

An employer has the right to hire and fire whomever he or she chooses, however that does not give them a right to discriminate against any individual with a handicap. There are stringent laws in place to protect employees from disability discrimination, harassment, and other workplace disadvantages.

Determination of Qualified Employment

Just because you have a disability does not mean you should be denied opportunities for employment. If you are able to work you should have the chance to do so. If you have been diagnosed with a disability of any kind, there is a fine line that exists between being classified as disabled or qualified to work with a disability in the eyes of employers.
If you are disabled, that means you are not able to fulfill the duties of the position for which you may be hired. You may not have the necessary capabilities to do the work as required by your employer. However, if you are qualified for employment despite your disability, then you have the necessary capabilities to perform the work you are being hired to do by your employer.
In the event you fall under the latter determination, then your disability will not interfere with your work performance and you should not be subject to behaviors or actions that discriminate with respect to your ability to enjoy the same benefits and opportunities for fair wages, promotions, and benefits as your co-workers. If you believe you are being passed over for promotions and denied the chance to earn wages commensurate with your co-workers, then you are the victim of disability discrimination.

Laws in Place to Protect Employees

There is a wide range of legislation that safeguards employees from disability discrimination. Employers are prohibited from this type of discrimination as per the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), both of these forms of legislation protect employees with disabilities who are qualified to work from the negative actions and behaviors that put them at a competitive disadvantage in the workplace. These laws not only outline what employees are prohibited from doing with respect to harassment and/or denial of an employee’s employment rights, they also describe the ways in which employers must work with disabled employees in providing a suitable work environment for that employee to perform his or her duties without putting that individual at any undue health risk.

Filing Your Disability Discrimination Claim

If you are a disabled employee and you believe that you have been discriminated against by your employer, you have the right to file a claim for damages and resolution of grievances that you have suffered on the part of your employer. But you do not want to file that claim all on your own, doing so could drastically reduce the amount of compensation you receive or it may prevent you from receiving any at all. That’s because you are up against a highly-trained team of defense attorney and insurance adjusters who are intent on preventing you from obtaining any damages from your employer.
You may not only lose out on compensation you deserve, you may end up unintentionally waiving any additional rights or claims to which you are entitled. The problem is you won’t even realize you are doing it and when the time comes to make a claim you could end up with absolutely nothing or even be prohibited from filing that claim at all. There is simply too much at stake for you to be representing yourself in this matter. With so many pitfalls and obstacles in the way, you need a strong legal team on your side, a team of attorneys who understand the laws and know how to protect your rights. You want a legal ally who has the expertise to get you the most compensation you deserve. That team is the Sassooness Law Group. We feel that disability should not limit your potential in the workplace and we are well-versed in the employment discrimination statutes and labor laws. Our team has some of the most experienced labor law attorneys in the industry and we have handled complex labor law violation cases. Let us put our knowledge and experience to work for you.




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