WORK DISABILITY LAWYER

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PERTAINING TO WORK DISABILITY

DISABILITY DISCRIMINATION ATTORNEY

Our disability discrimination attorneys primarily deal with an employee who has lost their job due to their disability, but they can work. Unless supervisors are engaging in harassment due to disability, or coworkers are doing so and supervisors are aware situations not involving a job loss are not cases disability discrimination attorneys are likely to become involved in. Besides harassment geared at name calling, or making an employee physically exert themselves beyond the capacities of their disabilty, workers compensation issues may arise if an employee has a disability due to a work injury.

Outside of the workers compensation arena lawsuits for disability discrimination require an employee who is able to work with reasonable accommodations. If an employee is completely unable to work a reasonable accommodation might be a leave of absence until the employee has healed. Only an experienced employee lawyer can assist the employee in determining if the length of their leave of absence is something a court would rule that it must be accommodated.

Accommodations employers do not generally have to make include:

• Working from home
• Giving the employee a job that is not open
• Giving the employee a job they have never done before
• Bumping somebody from an existing position so the employee can work
• Long term work at a job below the employee’s rate of pay

A disability discrimination lawyer needs to know:

• What the employee’s disability is which usually means the medical diagnosis
• If the employer was aware of the name of the disability and its limitations.

Unfortunately, all too many times employees are reluctant to share the true nature of their disability with the employer. If the employer is not aware of a condition that might be a disability, under the law the employer is not required to accommodate the disability.

DISABILITY WORK

Every day many disabled California employees report to work. Not all disabilities effect an employee’s ability to work. For example, being color blind might not affect the work of a physical education teacher, or janitor. Only if the disability effects an employee’s ability to work is it a disability that must be accommodated. Truthfully, many disabled employees experience employers not always tolerant and accommodating of their disabilities. From the civil lawyer’s perspective who only takes cases on a contingency and is only paid when and if they collect money from the employer an employee lawyer cannot always help.

Employee lawyers can help if:

• The employees must go on a leave of absence due to the disability and they have a return date to work
• The employee is fired due to disability based upon a stereotype
• The employer simply does not want somebody with a disability to be their employee
• Harassment such as name calling, or frequent requests to violate restrictions due to disability
• A work injury which requires the employee to go on disability

Clear dialogues between the employee and the employer are most helpful. The employer should know the extent, nature, and duration of the disability. The employee should identify any limitations they have, or requests they want honored due to their disability. The employer should think about whether a condition might constitute a disability and what they can do to accommodate it. Employers who refuse to hear medical diagnosis or look at doctor’s notes are not acting lawfully. Employees too embarrassed to clearly apprise their employer of their conditions and needs do themselves a disservice insofar as employee rights laws.

EMPLOYMENT LAWYERS GROUP’S DISABILITY CASE SUCCESSES INCLUDE:

• $539,000 won at a binding arbitration for a work injury that caused a disability
• $365,000 for wrongful termination during a pregnancy disability
• $225,000 for pregnancy harassment
• $182,500 for a job not held open during cancer treatment
• $150,000 for a job termination due to a mental disability
• $150,000 for a job termination during a surgery caused by disability