You may wish to request your employer for assistance so you can perform your duties. Perhaps you must adjust your schedule or arrive at work later to make it to a doctor’s visit. Or perhaps, you occasionally have to work at home.
Great employers usually don’t mind accommodating such requests. However, problematic employers may make things difficult in such situations.
Maybe, in your case, things are much worse. For instance, it’s possible that when you informed your employer that you needed a fair settlement, they fired you. If this, or something similarly unfair, has happened to you, an employment lawyer Sacramento may be able to assist you.
Employees on the disability spectrum
Although the term “disability” is often associated with severe impairments that develop at birth or as a result of a serious accident, in reality, disabilities range widely in form and degree. The Fair Employment and Housing Act (“FEHA”) protects people with disabilities from workplace discrimination as much as the condition impairs the system of the body (such as the immune system) and (ii) restricts a significant aspect of daily living (such as working).
Workers with medical disabilities should receive equitable treatment at work. Even though the law gives people in the workplace rights against discrimination due to physical, mental, or health impairments, this doesn’t stop many California companies from mistreating disabled employees.
Regardless of age or economic state, anybody can suffer a disability at any time due to various illnesses, medical conditions, diseases, or injuries. Every element of a human’s life can be impacted by a disease, a medical issue, an illness, or an accident.
This may result in a decrease in self-esteem and deprive a person of the happiness and relationships to which they are used to. In such a situation, unfair treatment at the workplace can add unnecessary stress.
Can the employer treat an employee with disability differently?
The employer cannot pick someone out for unequal treatment or termination depending on a disability.
In the workplace, disabled individuals are afforded various crucial legal rights. The Americans with Disabilities Act (ADA) states:
- In certain circumstances, employers are prohibited from dismissing or rejecting applicants based on a disability.
- Employers are obligated to make appropriate accommodations for people with disabilities.
- Employers are prohibited from rejecting an employee’s promotion because of an illness or disability.
Both candidates and employees are subject to the Americans with Disabilities Act (ADA), which forbids discrimination toward eligible individuals with disabilities. The statute covers impairments that impede a person from learning, walking, inhaling, talking, seeing, listening, looking for themselves, or doing manual jobs.
There are three main types of associational disability discrimination, all of which have been deemed unlawful by the courts:
- Expense: Due to the disabled patient’s expenses, you may face unfavorable consequences like firing. This typically refers to a loved one with a disability who adds costs to a healthcare or benefits plan.
- Disability by association: You experience discrimination due to your professional relationships with people who are disabled. This class was acknowledged when a coworker’s HIV-related impairment brought on discrimination.
- Distraction: You may be able to file a lawsuit against your employer if they believe that your association with a qualifying disabled employee is interfering with your capacity to do your job.
Who is protected by the ADA?
Employees with impairments are covered under the Americans with Disabilities Act (ADA). Even if you do not have a handicap, it also applies to people who are perceived to be disabled. The majority of employee categories, including both part-time and full-time workers, are covered by the law. Nevertheless, the ADA does not protect all types of “employees,” only some of them. It’s unclear if the ADA covers retirees or former workers. Retired people and former staff are not covered, according to some courts.
Conclusion
Federal and state laws provide rights for employees with disabilities. All people, including those with disabilities, have similar desires. All people, including those with impairments, desire to be treated equally. By legislation, these rights are protected. A workplace discrimination attorney can intervene and fight when companies or other organizations refuse to provide reasonable adjustments to disabled people.
