Physical Disability

21 Feb Possible Mediation Outcomes

Posted at 09:58h in Accomodations, Calculating Damages, CFRA, Damages, Disability, Disability Discrimination, Emotional Distress, Employment Discrimination, Failure to Accommodate, FEHA, FMLA, Hiring Preference, Leave of Absence, Long Term Disability, Loss of Employment, Loss of Income, Mediation, Medical Condition, Mental Disability, Physical Disability, Re-Employment, Remedies, Resignation, Settlement, Short Term Disability, Trial, Work-Life Expectancy, Wrongful Termination

One of the possibilities in mediation settlement is for the employer to agree to reinstate the employee to the position that they held before they were demoted, or to increase the employee’s pay back to their original pay before their pay was reduced. Mediation can also provide the employee with money for any economic harm or emotional distress that they suffered because of discrimination. For example, if you were paid less, you could, in a mediation, get the employer to agree to reimburse you for the difference of what you were originally paid with what they were paying you when they reduced your salary. However, if you sue your employer, chances are there is going to be some, if not a lot, of friction. Often, in a mediation, an employer will demand, as part of a settlement that involves a payment of substantial money, that the employee resign from their employment and agree never to seek re-employment with that employer in the future. That is not always easy to accept, but if the employer is willing to pay enough money to settle the case, then it may be worth it to resign from your job and agree never to reapply for any job with that same employer. That’s a tough decision to make. Some people would rather have steady income than take a big lump sum of money and have to find a new job. Each case is different, and you have to weigh the risks and benefits of each decision. It is important to consider all of these things if you decide to take legal action against your employer while still employed. For people who have been terminated, the decision is much easier. If they have been wrongfully terminated, there is not going to be the issue of awkwardness or friction at the workplace, because they are no longer there. That makes the decision of taking legal action easier. But, just because you are still employed, by no means should you automatically give up your legal rights to stay with the employer. If you have been discriminated on the basis of your disability by your employer, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

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....

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. ...

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....

12 Jan What is a “Major Life Activity” as Defined by the Fair Employment and Housing Act?

Posted at 09:05h in Accomodations, ADA, Disability, Essential Functions, FEHA, Major Life Activity, Mental Disability, Physical Disability, Protected Categories

A major life activity is really determined on a case-by-case basis, but a key major life activity is the ability to perform the essential functions of your job; in other words, to be able to work. So, if your physical or mental impairment limits your ability to perform your job, then it would qualify under the state law or the FEHA, as a state disability. If the major life activity is substantially limited, then it would qualify as disability under the ADA. Other forms of major life activities could include being able to drive, or being able to read, or see. It’s important to note that for your disability to be protected in the employment process, you should be able to perform the essential functions of your job position, with or without a reasonable accommodation. If you can perform the essential functions of your job with an accommodation, then you are protected under the disability discrimination laws. (This is carefully determined on a case-by-case basis during facts obtained during inquiry). For instance, if you’re hired as a typist, basically your job is to type all day, then an essential function of your job would be your ability to type. If you don’t have fingers or you have problems with your hands, that could make it difficult or impossible to type. The key is that an employer can’t discriminate against you if you’re able to perform the essential functions of your job with an accommodation. In the case of a typist, one accommodation might be to have software that allows you to dictate rather than type. The dictation software would take the place of typing. Or, if you’re seeing impaired, but you can see the keys if they have some form of braille on them, that would be an accommodation that assists you in performing the essential functions of your job. In sum, the “essential functions” component of a discrimination case looks at your ability to perform the essential job functions with or without an accommodation based on the nature of the disability and how it impairs your ability to perform the essential functions. Because a disability is defined by the way it affects your ability to perform a major life activity, the difference between ADA and FEHA in terms of “substantially limits,” versus just “limits” a major life activity is very. If you have a disability that limits a major life activity, such as performing the essential functions of your job, and you have experienced disability discrimination by your employer, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation. ...