FMLA

01 Feb Suing an Employer for Failing to Accommodate a Disability

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.  ...

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

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....

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15 Aug Protection for Employees with Mental Disabilities

The law prohibits discrimination against people with mental disabilities just as much as it prohibits discrimination because of physical disabilities. For examples, people with depression, bipolar disorder, schizophrenia or anxiety may qualify as disabled, and be protected from discrimination by their employers. I will explore the specifics of mental disability discrimination in future blog posts, so stay tuned. In the meantime, if you believe that you have been discriminated against because of a mental disability, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you have experienced disability discrimination. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of disability discrimination claims. Contact the Khadder Law Firm today for a free consultation....

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