Long Term Disability

18 Jan Generalized Anxiety Disorder and Other Anxiety As a Disability

Another kind of condition that I see with clients is anxiety, or Generalized Anxiety Disorder. It is exactly what it sounds like: someone suffers from anxiety that’s above and beyond the typical anxiety of everyday life. It can be quite crippling when someone is suffering or having an anxiety or panic attack, and that can qualify as a disability, again, if it limits a major life activity. If your anxiety qualifies as a disability, and you are discriminated against by your employer or your employer fails to accommodate your disability, you may have legal rights. Contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

12 Jan Differences between the FEHA and ADA

Posted at 08:58h in ADA, California Law, Disability, Employment Discrimination, FEHA, Long Term Disability, Mental Disability, Physical Disability, Short Term Disability

One difference between the FEHA (the Fair Employment and Housing Act) and the ADA (Americans with Disabilities Act) is that the ADA applies to all employers in the private sector that have four to fifteen employees, whereas the FEHA affects more employees, and it doesn’t distinguish between private and public employers like the ADA does. The Rehabilitation Act, which is a component of the ADA, protects against discrimination for both the Federal agencies and recipients of Federal financial assistance. It impacts the state public agencies as well. One key difference is that the ADA applies to employers with fifteen or more employees, and FEHA applies to companies with five or more employees. The rehabilitation act requires affirmative action to be used in employing people with disabilities, whereas the FEHA does not require affirmative action, and the ADA also does not require affirmative action. Probably one of the most important differences between the ADA and FEHA is that with FEHA, a disability is required. Under the ADA, to qualify for disability, a physical or mental impairment substantially limits a major life activity, but the FEHA requires only that a mental and physical disability limit a major life activity; not a substantial limit, but a limit. Another key difference in the ADA and the FEHA is in the amount of recoverable damages. The ADA limits the amount of compensatory and punitive damages that can be awarded for a disability discrimination claim. The FEHA, however, does not have any damages caps in civil actions. That’s an important difference. Generally, the biggest difference between the ADA and FEHA is that the ADA, under California law, constitutes the floor of protection. It is the minimum amount of protection that every state is required to follow. The thing about California, however, is that its disability discrimination laws are broader and more favorable to disabled employees than the ADA is. If you have a potential claim under the California Fair Employment and Housing Act or the Americans with Disabilities Act, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

08 Jan What Qualifies As a Mental Disability?

Posted at 09:10h in Accomodations, ADA, Disability, Disability Discrimination, Employment Discrimination, Essential Functions, Failure to Accommodate, FEHA, FMLA, Long Term Disability, Major Life Activity, Mental Disability, Protected Categories, Short Term Disability

The question about what constitutes a mental disability under the law isn’t necessarily focused on specific conditions. There’s not an exhaustive list of mental conditions that qualify as disability. The important question is whether a mental condition limits the performance of a major life activity. It is not so important what name you give to the condition; what matters are the symptoms and how it limits your major life activities. That being said, there are a number of mental conditions that I see quite a bit in my practice that often do constitute a mental disability. Bipolar disorder is a common mental disability that I see that has become an issue in my practice. Bipolar disorder is a condition where a person suffers from depressive episodes and manic episodes. In either situation, whether someone is suffering from a depressive episode or a manic episode, it can have a major impact on a persons’ ability to perform their job. A similar condition, although it’s not identical (there are key distinctions) is Major Depressive Disorder, and it can also greatly affect a person’s ability to do their job. People with major depressive disorder can suffer from insomnia, may have a hard time getting out of bed, and can suffer from physical symptoms that are related to their depression. They can also suffer from side effects of medications used to treat the depression. Major depressive disorder can have profound impacts on a persons’ ability to perform their job. If you have experienced discrimination by your employer because of a mental disability, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

02 Dec Degenerative or Progressive Conditions: FEHA’s Protection of Employees from Future Discrimination

Posted at 10:10h in Accomodations, ADA, Calculating Damages, California Law, CFRA, Congenital Heart Defect, Damages, Degenerative or Progressive Conditions, Disability, Disability Discrimination, Emotional Distress, Employment Discrimination, Essential Functions, Failure to Accommodate, FEHA, FMLA, Hiring Preference, HIV/AIDS, Life Expectancy, Litigation - Suing Your Employer, Long Term Disability, Loss of Employment, Loss of Income, Major Life Activity, Mediation, Medical Condition, Mental Disability, Protected Categories, Remedies, Resignation, Settlement, Trial, Undue Burden, Undue Hardship, Work-Life Expectancy, Wrongful Termination

The FEHA prohibits discrimination of physical or mental disabilities that actually exist, or that they believe to exist, even though it doesn’t actually exist. It is also unlawful for an employer to discriminate against an employee who doesn’t currently have a disability but may have a disabling condition sometime in the future. For instance, if an employee has HIV, but not AIDS, they may not presently have any limits on their major life activities. But, if the employer knows that at some point in the future they could become disabled by AIDS, then they might discriminate against that employee. The FEHA clearly prohibits that. Similarly, if someone has some kind of congenital heart disorder, it may not presently constitute a disability because it doesn’t cause limits on their major life activities. But, if the employer believes that in the future it may, they may also discriminate against that employee, and they are prohibited from doing so. There are other examples, but the main point is that if you have an issue or condition that is not presently disabiling, but may become disabling sometime in the future, the fact that it may become disabling prevents an employer from discriminating against you. If you have been discriminated on the basis of your disability by your employer, or future potential disability, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....