Employment 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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12 Jan Differences between the FEHA and ADA

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....

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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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