Oakland Disability Discrimination Lawyer
Your Employer Can Not Discriminate Against You Due to a Disability
It is illegal in California to discriminate against persons with both “physical” and “mental” disabilities. Anti-discrimination laws cover not only certain enumerated disabilities but also any physical or mental health condition that limits a major life activity.
Most people have heard of the American with Disabilities Act (ADA), but most are unaware that California’s disability law provides far greater protections to workers that are deemed “disabled.” If you qualify as disabled under the broader California law, you have important legal rights, which our firm can help protect and defend. Your employer cannot refuse to hire you, demote, or fire you, or treat you unfairly because of your disability, and may also have to make special work arrangements to help you do your job.
It is illegal in California to discriminate against persons because of either “physical” or “mental” disabilities. Anti-discrimination laws cover not only certain enumerated disabilities but also any physical or mental health condition that limits a major life activity.
“Physical disabilities” include, but are not limited to, any physiological and anatomical conditions that affect certain body conditions and limit an individual’s ability to participate in major life activities. If you can prove that you have certain illnesses, they automatically qualify as a disability because they are deemed as a matter of law to “limit a major life activity.” They include: multiple sclerosis, chronic or episodic conditions such as HIV/AIDS, heart disease, hepatitis, epilepsy, and seizure disorder.
If you can prove other conditions, they may qualify as “physical disabilities,” depending on their severity, and include, but are not limited to: hypertension and high blood pressure, back conditions that impair working or other major life activities, obesity caused by a physiological or systematic condition, polio, hypersensitivity to tobacco smoke, or any other physical condition that requires special education or related services. Also, an employee who is perceived to have or have had a disability may sue for disability discrimination.
“Mental disabilities” are similarity defined to include any mental or psychological disorder that “limits a major life activity.” Certain conditions, once proven, are automatically presumed to be “mental disabilities.” These include, but not limited to, clinical depression and bipolar disorder. If you can prove other conditions, they are considered “mental disabilities,” as long as they “limit a major life activity.” For example, specific learning disabilities, post traumatic stress disorder (PTSD), or any other mental or psychological condition that requires special education or related services.
What do I do if I have a physical or mental disability that is protected?
It is best to first negotiate with your employer by presenting a strong and convincing case to honor your rights, with an admonition that, if the employer refuses to honor your rights, they will likely lose in court and will have to pay you monetary damages. Sometimes a letter from an attorney on your behalf informing the employer of your disability and requesting certain reasonable “accommodations” such as less lifting or bending over, more rest or sitting, better work ergonomics, additional or longer breaks, or a ramp, may be sufficient to allow you to return from disability leave or to permit you to continue working productively despite your disability. A well-written letter lays the groundwork for a future legal action for monetary damages if the employer acts unreasonably in denying the disability.
What is unlawful discrimination on the basis of a disability?
Your employer is required by law to make reasonable accommodations to help you do your job if you are disabled. However, employers are not required to make accommodations if these accommodations would unreasonably disrupt or burden their business. For instance, a grocery store would be required to permit a cashier to sit at the register or take more frequent breaks due to a leg condition, but a truck company would not have to retain a driver suffering from a condition that would make driving dangerous, though the truck company may be required to provide the driver with an alternate position that does not require driving if such a position is available and the employee is otherwise qualified.
You cannot be harassed or discriminated against at work due to a disability.
Harassment is generally defined as persistent and pervasive ridicule. A person who is regularly teased at work or called names because, for example, they suffer from PTSD, walk with a limp, or wear a hearing aid, could be suffering from unlawful harassment based on their disability. The more offensive the ridicule, the fewer incidents are required to make is persistent and pervasive.
Discrimination means treating the disabled worker differently (i.e., worse) because they have a disability. This means that you are denied a job or a promotion, or are terminated and the primary reason for this adverse employment action is that you are disabled.
Don’t Let It Happen to You. We Can Help.
The law protect workers with a disability. If your employer refuses to provide you with reasonable accommodations to help you do your job while disabled, or the employer harasses or discriminates against you, the law is on your side. You can take legal action against your employer to right this wrong. Venardi Zurada LLP is a law firm serving California. We are experienced and effective attorneys who work on a contingency basis meaning that you do not pay us until we recover money for you. We offer free consultations to evaluate whether or not you have a legal claim based on your disability.
Get a Free Case Review
If you are an employee who feels their rights have been violated, or you need help negotiating or reviewing your employee contract, please call to speak to one of our expert Oakland disability discrimination lawyers at 925-937-3900 or submit our form.
When litigation or mediation is involved, and we are able to take your case, there is never any fee or expense to you of any kind until you get paid! That means we pay all litigation costs which you will not be required to pay back, and we only get paid if you get paid.
You can be confident in relying on our zealous and effective Oakland injury lawyers:
We have served Northern California for over 35 years.
Our attorneys have been honored with numerous accolades, including SuperLawyers, AV Rating, and Top 100 Trial Attorney Awards.
In our decades of legal service to the community, we have garnered a substantial reputation. We are respected by opposing counsel, feared by insurance companies, and followed by jurors.
We combine Big Firm experience with boutique office attention and care. Several of our attorneys have experience working for the biggest law firms in the country, including the most prominent maritime defense law firm. Our attorneys rely on that big-firm know-how but prefer the personal touch of a smaller firm, allowing us to provide individualized and attentive representation to each of our clients.
We’ve been through it, too. Attorney Mark Venardi had to personally deal with a medical malpractice injury he suffered at a time when he was working a blue-collar job on an offshore oil rig; he knows what it’s like to be a working man dealing with a personal injury. He built his way up to working for the biggest maritime defense firm in the country, before deciding to focus on helping people like himself who were hurt by negligence and mistreatment from others.
We like to fight for the underdog. Attorney Martin Zurada is an immigrant and the son of immigrants who tirelessly worked his way up through education and experience to attain the American dream. Even though he has served in large, high-level litigation law firms, he prefers helping clients directly, fighting against injustices, and securing victories for the little guy who has been wronged.
We win. We have secured multi-million dollar verdicts and settlements. In our combined tenure, we have recovered tens of millions of dollars for our clients across our broad areas of practice.
We care first and foremost about our clients. We dedicate ourselves to serve each and every client personally, and we make ourselves available to our clients around the clock.
There is no cost to you until we win. If we don’t make a recovery for you, we will not collect a fee. And all initial consultations are free of charge.
Dedicated Areas of Practice
We offer a wide range of litigation services for Oakland personal injury and employment law clients. Specifically, our areas of dedicated practice span the following issues:
Employment Law. California employers must assure proper pay to employees and comply with a variety of rules and regulations to prevent discrimination and unfair treatment of employees. We represent victims of wage and hour violations, employment discrimination, workplace harassment, retaliation, wrongful termination, and any other form of California workplace mistreatment. If you believe you were treated inappropriately at work, we can help.
Personal Injury. If you’ve been injured due to another’s negligence, you deserve compensation. That’s where we come in. As Oakland personal injury attorneys, we right the wrongs done to our clients. And we do it at our cost during the entire duration of your case. There is never any fee until we win. Give us a call if you have been hurt in a car accident, by a toxic spill or contamination, as a result of medical malpractice, due to abuse or neglect, in a maritime accident, by a vicious animal attack, or any other incident caused by someone else’s negligence.
The Sooner You Speak to an Oakland Injury Lawyer, the Stronger Your Chances for Recovery Will Become.
Contact the Oakland injury lawyers at Venardi Zurada today, and let’s get started. We are available to talk any time, so whether you call, email or chat online, we’ll respond and set up an appointment to meet you. We have several Spanish speakers in the office and welcome the opportunity to cater our services to Oakland’s Spanish-speaking population. You pay no fee until we win for you, so you have nothing to lose by contacting our office for a free consultation. The sooner you call, the faster we can start getting results for you. Call 925-937-3900.