What is Disability Discrimination in San Jose?
Disability discrimination is a term that refers to an employer treating a job applicant or employee unfavorably because of that job applicant’s or employee’s disability. Under employment law in California, the Fair Employment and Housing Act (FEHA) prohibits employment discrimination on the basis of disability, and the law applies to all employers in the state with five or more employees. Under the federal Americans with Disability Act (ADA), job applicants and employees in California and across the country have similar protections. While federal law also provides protections, it only applies to employers with at least 15 employees. Accordingly, many individuals in California who have been subject to unfavorable treatment because of their disability will want to find out more about filing a claim under the FEHA.
It is important to know that the word “disability” is broadly construed, and it means any physical or mental condition, whether visible or “invisible,” that “substantially limits a major life activity.” Major life activities include, but are not limited to, walking and talking, sensory abilities, learning, and bodily functions. A disability does not have to be long-term or permanent or even severe in order for a person to be eligible for legal protections. Venardi Zurada LLP can help you navigate the complexities of disability law. If you believe you have faced unfair treatment due to a disability, contact our San Jose disability discrimination lawyers today.
Reasonable Accommodations and Disability Discrimination in San Jose
Employees in San Jose who have a disability have a right to a reasonable accommodation, which means a modification or adjustment to their job duties or job environment, that will put them on equal footing with other employees who do not have a disability.
Employers must provide a reasonable accommodation when an employee with a disability requests one unless the employer can prove that a reasonable accommodation would result in “undue hardship” for the employer. Typically, it is difficult for an employer to meet this burden, since it is understood to mean “action requiring significant difficulty or expense.” If you requested a reasonable accommodation and your employer has failed to provide one, you may be eligible to file a disability discrimination claim.
Our San Jose Disability Discrimination Lawyers Are Here for You
Any job applicant or employee who has faced disability discrimination should immediately seek legal advice. Whether the discrimination you faced was subtle or overt, you may be able to file a claim in order to seek a remedy. From job reinstatement or a reasonable accommodation to back pay, the lawyers of Venardi Zurada LLP can help you to fight for your rights and protections against employment discrimination. Contact our experienced San Jose disability discrimination lawyers to find out more about how we can assist you. Call us at (833) 893-6763 or contact us online to schedule a consultation.
