Disability Discrimination

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

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....

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20 Jan Migraines As a Disability in the Workplace

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....

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14 Jan Disability Discrimination When an Employee is Not, in Fact, Disabled

A disability discrimination claim doesn’t necessarily require you to in fact be disabled. If your employer regards you as being disabled even though you are not actually disabled, then you are also protected by anti-discrimination law. So, if your employer thinks that you suffer from bipolar disorder, but you’re not in fact suffering from bipolar disorder, and they discriminate against you because they think that you have bipolar disorder, then you would also be protected by the anti-discrimination laws. If you have experienced disability discrimination by your employer, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation.  ...

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10 Jan Understanding California’s Disability Discrimination Laws Under the Fair Employment and Housing Act, and the Americans with Disabilities Act

There are some important differences between California’s Disability Discrimination laws under the Fair Employment and Housing Act and the Federal Americans with Disabilities Act. There are both the ADA and the Federal Rehabilitation Act under Federal Law. The Rehabilitation Act is very similar to ADA, but it only applies to Federal agencies, Federal Contractors and recipients of Federal financial assistance. In terms of the protections it offers, it’s not unlike the ADA in many ways. 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....

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08 Jan What Qualifies As a Mental 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....

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