Essential Functions

12 Feb Calculating Work-Life Expectancy Damages

Posted at 09:46h in Accomodations, ADA, Calculating Damages, California Law, CFRA, Damages, Disability, Disability Discrimination, Economists, Emotional Distress, Employment Discrimination, Essential Functions, Failure to Accommodate, FEHA, FMLA, Leave of Absence, Life Expectancy, Loss of Employment, Loss of Income, Major Life Activity, Medical Condition, Work-Life Expectancy, Wrongful Termination

Economists can prove to be indispensable in the calculation of future lost income damages for someone in a disability case, and we will bring them in if necessary. Part of the valuation of future lost damages is a plaintiff’s work-life expectancy. Unfortunately, if a person has a medical condition reduces his or her work-life expectancy, future lost income may be affected by that. This unfortunate part of the calculation cruelly ironic since it is because of that medical condition that they lost their job in the first place. Ultimately, these are decisions that will be made by a jury and would have to hold up in court, but the court will take into consideration a number of factors including the ability to secure another job, when determining damages. 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. ...

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....

20 Jan Migraines As a Disability in the Workplace

Posted at 09:23h in Accomodations, Disability, Disability Discrimination, Employment Discrimination, Essential Functions, Failure to Accommodate, Major Life Activity, Mental Disability, Migraine Headaches, Physical Disability, Protected Categories, Short Term Disability

Migraines are a common disability. From my experience, it has to be more than just your typical headache; people who suffer from migraines know the difference. Migraines can be quite disabling, and people often have severe pain, nausea, and sensitivity to light. All of those symptoms can make it difficult for a person to perform a major life activity such as working. There is not an exhaustive list of mental disabilities. These are taken on a case-by-case basis, and the question is whether it limits a major life activity. If you’re not sure whether your condition qualifies as a disability, please contact an employment lawyer at the Khadder Law Firm as soon as possible to speak with an experienced disability law attorney....