Bakersfield Disability Discrimination Lawyer
If you have ever been fired, denied reasonable accommodations, or made to feel invisible in the workplace due to a disability, you know how isolating and frustrating it can be. These kinds of actions are not just unkind — they are illegal.
Unfortunately, workplace discrimination persists despite federal and state regulations and efforts to ensure proper training for employers. Our Bakersfield disability discrimination lawyer can help protect your rights if you have been discriminated against due to disability. Reach out to our workplace discrimination attorneys to learn more about your legal options.
What Counts as Disability Discrimination?
Disability discrimination can occur at any point in the employment process, including before an offer of employment is even extended. This might include refusal to hire because of a known or visible disability, firing someone after a medical condition is disclosed, denying reasonable accommodations in the workplace, creating an exclusionary workplace environment based on disability, or penalizing workers for using leave or modifying work schedules for disability.
What Legislation Covers Disability Discrimination?
In California, workers are protected from disability discrimination by both the federal regulations found in the Americans with Disabilities Act (ADA) and the state regulations found in California Fair Employment and Housing Act (FEHA).
Together, these pieces of legislation regulate employment policies and public access for those with mental or physical disabilities.
California’s FEHA extends broader coverage than the ADA by including temporary disabilities and using some less restrictive definitions that work to the benefit of workers with disabilities. Our Bakersfield attorneys could review a disability discrimination case to determine whether federal or state regulations were violated by an employer.
Common Types of Disability Discrimination
Disability discrimination during the hiring process can be difficult to identify, but there are some red flags to consider and document. Questions about medical conditions too early in the hiring process or a sudden end to communication after disclosing a disability are noteworthy signs that discrimination may be at play.
Another common type of discrimination is refusal to make reasonable accommodations. A reasonable accommodation may include the use of an assistive device, modified scheduling, or remote work depending on the nature of the required job tasks and the needs of the person with disabilities. If an employer refuses to extend an accommodation or offers an accommodation that is not reasonable or consistent with the job duties, the employee may be able to pursue a disability discrimination case.
If an employee is fired, demoted, or reassigned after disclosing a disability or requesting an accommodation, it can be a clear sign of discrimination, and they should contact a Bakersfield lawyer.
Finally, a hostile work environment where employees with disabilities have been excluded, mocked, or otherwise singled out and treated differently is unacceptable under employment law.
In Bakersfield, agriculture and oil jobs are prevalent, and there are sometimes disputes over reasonable accommodations in labor-intensive workplaces. There are also several smaller local businesses that may be less familiar with their responsibilities, but ignorance of the law is not a defense. Any employer with more than five employees is subject to the regulations under FEHA.
Call a Bakersfield Disability Discrimination Attorney for Help
Our work often begins with evaluating the details of your case in the context of both state and federal law to craft a clear narrative of discrimination. Using this evidence, our lawyer can speak with employers and the court on your behalf. If necessary, we can bring forward a lawsuit seeking compensation for lost wages, emotional distress, the reinstatement of reasonable accommodations, and attorney’s fees.
If you have been discriminated against in the workplace due to a disability, you do not have to face it alone. Our Bakersfield disability discrimination lawyer is here to protect your rights against discrimination. Call our office today to get the help you deserve.