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05 Feb When Disability Discrimination Limits a Person’s Future Employability

Posted at 09:40h in Accomodations, ADA, California Law, CFRA, Damages, Disability, Disability Discrimination, Emotional Distress, Employment Discrimination, Failure to Accommodate, FEHA, FMLA, Long Term Disability, Loss of Employment, Loss of Income, Mental Disability, Physical Disability, Protected Categories, Short Term Disability, Work-Life Expectancy, Wrongful Termination

The cruel thing about disability discrimination, both for people who are already disabled or become disabled while employed with a specific employer, is that it is not easy to get another job, despite the fact that there are laws that prohibit disability discrimination for applicants for employment. It still happens and employers do get away with it, especially if the disability is obvious. If someone is wrongfully terminated because of disability discrimination, one could argue that the damage goes beyond the income they lost from being fired because it would be more difficult to find another job. Similarly, someone who is wrongfully terminated because of a disability could arguably experience substantial emotional distress, and in that case, emotional distress damages could possibly be recovered. If you have been wrongfully terminated because of a disability or a need for a disability accommodation, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

01 Feb Suing an Employer for Failing to Accommodate a Disability

Posted at 09:35h in Accomodations, ADA, California Law, CFRA, Damages, Disability, Disability Discrimination, Employment Discrimination, Essential Functions, Failure to Accommodate, FEHA, FMLA, Life Expectancy, Loss of Employment, Loss of Income, Mental Disability, Protected Categories, Short Term Disability, The Rehabilitation Act for Federal Employees, Work-Life Expectancy, Wrongful Termination

In the instance when the employer refuses to accommodate your disability and you are put in a position where you have to sue, you may be able to sue your employer for your job back or damages? You may also be able to sue to get an employer to provide you with a reasonable accommodation and/or you can sue for your economic and emotional damages that result from discrimination or failure to accommodate. Most disability cases involve wrongful termination because of disability discrimination. In those cases, usually the remedy is to pay the wrongfully terminated employee their lost income, both past lost income for all the time up to and including the judgment at a trial, and then future lost income to a reasonable degree for any time after the trial judgment that a person may be without employment. It is important in a trial to show future lost damages or income. Usually the court will require an expert to discuss the various aspects of how to calculate the loss of income including your work-life expectancy and your life expectancy. That can get kind of complicated, but it is a recovery that may be available to an employee who is wrongfully terminated. If you have been wrongfully terminated because of a disability or a need for a disability accommodation, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation. ...

29 Jan Accommodations for Learning Disabilities

Posted at 09:32h in Accomodations, Disability Discrimination, Dyslexia, Employment Discrimination, Essential Functions, Learning Disabilities, Protected Categories, Undue Burden, Undue Hardship

Another disability that I’ve seen in my practice is different forms of learning disabilities. One example might be dyslexia, which can affect the speed at which somebody can perform certain tasks, such as reading or writing. If that limits a major life activity, it could qualify as a disability that an employer may have to accommodate and is prohibited from discriminating against. For instance, with certain learning disabilities, your employer could be required to provide an accommodation such as giving you more time to perform certain job duties. There is a limit to what can be a reasonable accommodation. Your employer doesn’t have to provide an accommodation that creates an undue hardship on the employer. But, the accommodation requirements are quite broad, so the employer would have to show a real hardship that they would face if they had to accommodate you. In my practice, almost all the time, especially with larger employers, reasonable accommodations do not in fact present an undue hardship to the employer, even if the employer claims that it does. A court will take a look at it and will want to see evidence of the hardship a reasonable accommodation could cause for the employer. In my experience, more often than not, the court denies the employer’s claim of undue hardship. If you have experienced discrimination by your employer because of a learning disability, or your employer fails to provide you with a reasonable accommodation for your learning disability, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation. ...

26 Jan What kind of accommodations might someone with a mental disability need?

Posted at 09:30h in Accomodations, Disability, Disability Discrimination, Employment Discrimination, Failure to Accommodate, Leave of Absence, Mental Disability, Physical Disability, Short Term Disability

One of the most common types of accommodations, especially for someone suffering from a mental disability, is a leave of absence. Sometimes all a person can do is take some time off to recover from an acute attack of whatever mental disability they are suffering from. The types of accommodations you might see for physical disabilities are not necessarily the same types of accommodations you would see for mental disabilities. The most common type of accommodation is a leave of absence, so that the person can get treatment and proper care, they can see their doctor, change or adjust medication or start taking medication. A lot of mental conditions, while they can be chronic, are not necessarily always acute in terms of their impact. If you’re missing a limb, for instance, that limits a major life activity, and that’s always going to be the case, so the types of accommodations you might receive for that could be utilization of technology to help you perform your job. Whereas, for a mental disability the effects can come and go, so there are different types of accommodations that can be formulated for that. If you have experienced discrimination by your employer because of a disability, or your employer fails to provide you with a reasonable accommodation for your disability, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation. ...

23 Jan How specific do I have to be with my employer about what my mental disability is?

Posted at 09:26h in Accomodations, ADA, California Law, CFRA, Disability, Disability Discrimination, Employee Right to Privacy, Employment Discrimination, Essential Functions, FEHA, FMLA, Major Life Activity, Mental Disability, Protected Categories

Both the ADA and the FEHA don’t require an employee to disclose the specifics of their disability. You don’t have to provide your employer with a detailed diagnosis of your condition. However, your employer is entitled to know how your disability affects your ability to perform your job(s). One of the important reasons why an employer has a right to know how your disability affects your ability to perform your job is that employers have an obligation to provide a reasonable accommodation so that a disabled employee can perform the essential functions of his or her job. While your employer doesn’t have a right to know the name of what you suffer from, they do have a right to know what your disability limits, in terms of the essential functions of your job. If you have experienced discrimination by your employer because of a disability, or your employer fails to provide you with a reasonable accommodation for your disability, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....