Disability Discrimination

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Discrimination – Can my employer discriminate against me?

“Employers must judge workers on
their abilities not their disabilities.”

Do you feel you are Being treated differently from other employees at work because of a disability or medical condition? Does your employer believe you may have a disability? Have you been denied accommodation recommended by your doctor that would allow you to continue working? Have you been demoted, forced to quit or fired because of an apparent disability? Was your employment terminated under suspicious circumstances? Was it undeserved? Are you a good employee? If the answer is “yes,” then you may be a victim of workplace discrimination.

At the Webb Law Firm, we understand how important your job is to you. If you were unjustly treated, you are probably worried, confused and wondering if you have any recourse? Someone has just stolen your dignity, self-esteem, confidence, joy, happiness, and quality of life. At our Woodland Hills, California law office, we will help you through this process.

What is disability discrimination?

There are Federal, State and local statutes prohibiting discrimination because of a
disability or a perceived disability when none exist. Discrimination means being treated different than other employees without any disability. The purpose is to encourage employment of individuals based on their abilities not their disabilities. Yet, every day, people are denied positions, passed over for promotions and are penalized due to disability discrimination. For example:

Mike was employed with a national Manufacturing Corporation, which has thousands of employees. He had enjoyed working there for over 20 years, when he was injured at work. After taking time off to recover from knee surgery, Mike’s doctor released him to return to work with limitations – no standing for long hours and no climbing flights of stairs. The Employer refused to allow Mike to return to work, despite his repeated pleas to let him work. Mike was able to perform the duties and responsibilities of his job, but his Employer said there were no positions available, but that was untrue. Mike found at least four positions in the company which would enable him to remain seated at all times, including working a computer station where no one else even wanted to work. Computers were Mike’s hobby and the Employer knew it.

We were asked by another Attorney to step in and try this case and that is how we met Mike. We sensed immediately, he was a proud man, unable to articulate the pain and despair he was experiencing, which of course is why he found himself seated in our offices. Our initial assessment was that he was genuinely sincere and when Mike began speaking about his family and his children, the pride and joy showed through the animated movements of his hands and facial expressions. But when the subject turns to his work, he stopped talking and quickly looked away. You see, Mike’s father had worked his entire adult life for the same Manufacturer and even retired there. After losing his job, Mike felt so ashamed; he could not face his family and tell them he had lost his job. So every morning he got up, dressed and left the house as if he was going to work.

Mike’s employer knew he had a physical disability requiring an accommodation.
Knowing they were obligated to find a job, if available, to keep him employed they boldly refused to fulfill their obligations, forcing him to bring legal action.

The jury’s verdict was in favor of Mike… hopefully Manufacturer Corporation
regretted they had turned Mike away, because it cost the company several million
dollars.

What are other examples of a disability?

Mike’s story involved a physical disability. There are other kinds. An individual with
a disability is someone who has:

  • Medical condition such as Cancer, heart disease or Traumatic Brain Injury
  • Psychological disorders such as clinical depression, anxiety & stress
  • Other Physical impairment such as a crippling loss of limb
  • Mental impairment
  • Has a record of a disability; or
  • Is believed by the employer to have a disability.
We have successfully helped workers who experienced other kinds of disability discrimination.

Mike was denied the accommodation of providing him with an available job he could
do. Some other examples of employer conduct that are discriminatory because of
disabilities include:

  • Refusing to hire a person
  • Denying the existence of a disability
  • Refusing to properly investigate
  • Refusing to modify an employee’s job duties to accommodate work restrictions
  • Refusing to give an employee a modified work schedule
  • Failing to provide adaptive equipment (such as an ergonomic keyboard) that would allow an employee to do the job
  • Penalizing an employee for missing meetings or work because of doctor’s appointments or illness caused by a disability
  • Refusing to grant an employee a leave of absence for medical treatment
  • Refusing to promote
  • Demoting the employee
  • Retaliation and harassment of the employee
  • Making the work environment intolerable to force them to quit
  • Improper pre-employment medical exams or inquiries
  • Improper job assignments
  • Less compensation for the same work

If you or someone you know has suffered some type of injustice at work, we want to help you and while doing so it will help deter future misconduct. At the Webb Law Firm we are Employment Law Experts with a winning track record of holding employers accountable for workplace violations and protecting working families.

We have successfully handled many disability discrimination and harassment cases, recovering millions for our client.

We recommend where possible to hold the employer responsible for putting you in harm’s way. It is not your responsibility as the victim to fix the mess you did not start. Employers control the work environment – as a matter of law. They have chosen sides against you. When you are harmed in the workplace, you can make the employer own up to their responsibility. The law provides that employees “shall be granted all relief necessary to make the employee whole,” which may include reinstatement, lost pay & all benefits, mental suffering, quality of life, litigation costs, and attorney fees. So let’s talk!

Contact Us for a Free Confidential Consultation

Whenever possible, we handle cases on a contingency fee basis, our assurance that we believe in you and your case. We are confident that we can successfully recover for your harm and if we don’t win you don’t have to pay us one penny for our attorney fees. We are committed against injustice by those in powerful positions and to holding them accountable for injury or harm to innocent victims.

“Tell us about your case – We are here to help!
We have been leading the way for over 32 years.”