Long Beach Disability Discrimination Lawyer

Trusted Long Beach Disability Discrimination Attorney

Having a disability does not mean you should not enjoy the same rights and opportunities as others. Applicants and employees with a disability who reside in Long Beach and California are protected from discrimination in the workplace. If you or your loved one has faced bias from an employer due to a disability, you should consider contacting an experienced Long Beach disability discrimination lawyer who can guide you through the legal process.

About Briana Kim, PC – Your Long Beach Workplace Discrimination Attorney

Being discriminated against because of a disability in the workplace can be an isolating experience. You may feel alone and unsure of how to move forward and seek justice. Although it is normal to feel that way in the face of discrimination, you should know that you can reach out for support and understanding. At Briana Kim, PC, we have handled many similar cases and have helped clients seek justice.

Briana Kim, our employment law attorney, has years of experience advocating for employees in situations much like yours. Allow our dedicated team to pursue justice on your behalf. We pay painstaking attention to each case and work tirelessly to provide our clients in the English- and Korean-speaking communities with satisfactory resolutions to their disability discrimination cases.

Our Approach

Our firm’s recent victories under California’s Fair Employment and Housing Act include the following:

• $1M settlement for a disability discrimination client in a case against a large, multinational corporation
• $400,000 in a pregnancy discrimination case for an individual client
• $230,000 in a disability discrimination case involving a large nonprofit company

No matter the circumstances in your particular case, we are prepared to stand beside you and represent your interests with tenacity.

*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

Why Should You Hire a Disability Discrimination Lawyer

A disability discrimination case in California may be tough to resolve on your own. The individual filing a claim has a higher burden of proof, and in the face of a powerful employer with potentially unlimited resources, it is advisable to seek the guidance of an employment lawyer who has years of practice in the Long Beach community, and who has successfully litigated disability discrimination cases similar to yours. Here are some ways a skilled workplace discrimination lawyer can make a difference in your case:

• Evaluating your case. It can sometimes be difficult to determine whether your experience constitutes discrimination, and engaging in a lengthy litigation process can be emotionally and financially draining. With the assistance of a knowledgeable attorney, you can determine whether your case has merit. During your initial consultation, your attorney can also suggest various legal remedies you may not be aware of.
• Filing your complaint. Once you have decided to pursue a disability discrimination complaint, a lawyer can support you in gathering the evidence needed to demonstrate your claim. They can also aid you with correctly filling out required forms and explaining what you can expect throughout the process.
• Providing legal representation. During the course of the disability discrimination case, you may be required to engage with your employer’s legal team or administrative authorities. Your Long Beach disability discrimination lawyer can represent you in front of these parties. They can also argue your case before a jury if you file a civil claim against your employer.

These are just a few of the benefits available to you when you hire a disability discrimination lawyer to counsel and represent you. It is advisable to bring an attorney into the situation as early as you are able. Getting a lawyer involved from the beginning can improve your chances of mounting a successful case.

Disability Discrimination Protections in California

More than 25% of adults in the United States live with a disability of some variety. According to Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act, it is unlawful to discriminate against a disabled person who chooses to participate in common activities, including seeking employment.

California’s Fair Employment and Housing Act (FEHA) expands protections for disabled persons beyond those outlined in these federal statutes. Under California’s disability discrimination provisions, fewer employers are exempt from discrimination statutes, and the definition of disability is expanded to include certain medical conditions not considered under federal law.

Applicants, employees, and persons who are caregivers for disabled persons are protected against disability discrimination at work. Employers in California should:

• Provide reasonable accommodations to applicants and employees to engage in work.
• Engage in a timely, good-faith, and interactive process when discussing accommodations.
• Avoid asking questions about an applicant’s or employee’s disability.
• Avoid asking applicants or workers to complete additional assessments not required of other applicants or employees.
• Enforce a harassment-free work environment for all employees, including disabled employees.
• Permit disabled workers to enjoy any leave to which they are entitled.

Dos and Don’ts of Employers

Employers can ask workers or applicants questions about their ability to perform job tasks and request more information about their disability if responding to a request for accommodation. They also reserve the right to ask for a medical certification to provide said arrangements. Long Beach, California laws protect employers from undue hardship when responding to disabled employees’ requests for accommodations.

The following is a list of a few things employers should do to be compliant with anti-discrimination laws and to fairly accommodate disabled employees and applicants in the workplace: 

• Evaluate fairly. Employers should take care to evaluate employees according to their performance of their basic job functions, regardless of whether they require accommodations to perform those functions. If an employee can perform the job with reasonable accommodations, they should be judged in the same way as employees who can do the job with no accommodations.
• Keep medical information confidential. As discussed above, employers are only allowed to ask questions about a person’s disability insofar as the information is necessary to evaluate the ability to do the job or to discuss an accommodation.
• Educate management. Employers have a responsibility to educate their managers and other workers in supervisory roles to recognize and handle or appropriately escalate accommodation requests.
• Keep good records. Employers should keep careful records of interactions with employees regarding disabilities or accommodations. This practice protects both the employer and the employee in the event of a dispute.

In addition to these things employers should do, there are also some considerations regarding what employers should not do. Some examples include: 

• Refuse employment. Employers should never terminate, demote, or refuse to hire someone who is capable of doing a particular job solely because of a disability.
• Ignore accommodation requests. Employers should not ignore accommodation requests or delay responding to them.
• Assume abilities. When considering candidates for a job, employers should not assume a particular candidate is incapable of performing the job simply because of a known disability.
• Jump to termination. If an employee becomes disabled, their employer should not terminate them without first having a discussion about possible accommodation or reassignment.

Employer’s Responsibility

It is always the responsibility of an employer to understand laws surrounding disability discrimination in California, and it is the responsibility of employers to appropriately apply those laws in their workplace practices. If you have questions about whether your employer’s conduct is appropriate, your disability discrimination attorney should be able to provide the insight you need.

What Does Workplace Disability Discrimination Look Like?

Workplace disability discrimination can manifest in different ways. It is essential that you understand your rights in California as a disabled person if you face any of the following:

• Discouraging Disabled Applicants: Discrimination occurs when an employer rejects an applicant’s employment application due to their actual or perceived disability.
• Refusing to Accommodate Employees: Under California law, it is unlawful to refuse to engage in a timely and good-faith conversation with a disabled worker regarding their request for accommodation.
• Treating a Disabled Employee Unfairly: Pay reduction, demotions, and unfavorable changes to a disabled person’s work responsibilities are all signs of disability discrimination at the workplace.
• Declining Request for Leave: Under FMLA, disabled employees are entitled to up to 12 weeks of unpaid leave to attend to serious medical conditions. Their loved ones can also request time off to care for them. It is unlawful for an employer to deny leave requests that an employee is entitled to under FMLA or California’s Fair Employment and Housing Act (FEHA).
• Permitting a Hostile Work Environment: Allowing a disabled employee or applicant to be subjected to discrimination by other employees or clients is another example of workplace disability discrimination.

It can sometimes be difficult to determine whether an employer’s behavior constitutes discrimination. If a practice seems unfair or if you feel as though you have been the victim of discrimination, there is a possibility that this is the case. An experienced workplace discrimination lawyer can help you evaluate your situation and decide what steps to take next.

FAQs

How Much Can You Get for Disability Discrimination?

How much you can get for disability discrimination in California is difficult to assess without looking at the facts of the case. The extent of the discrimination’s effect, including financial losses suffered by the employee due to their experience and any emotional damage they endured, may be considered by the California Civil Rights Department or the Equal Employment Opportunity Commission when determining an individual’s entitlement to compensation.

How Can You Succeed in a Disability Discrimination Claim?

To succeed in a disability discrimination claim, you must file a detailed complaint package with the Civil Rights Department or with the EEOC. Your complaint must provide details of the incident or incidents of discrimination, as well as evidence to support your claim. The EEOC or CRD conducts an investigation into the allegation and gives your employer a chance to respond.

How Long Does a Disability Discrimination Claim Take?

How long a disability discrimination claim takes varies from one case to another. When both parties in a claim are willing to engage in negotiations and respond to requests in a timely manner, it may help resolve the case more swiftly. In certain situations, you may need to take your claim to a civil court, which can significantly extend the case timeline.

How Do I Find a Good Disability Lawyer?

It is important to work with an attorney who has a track record of successfully litigating employment discrimination cases like yours. It is also helpful to work with a local attorney who understands state laws and who has knowledge of how local courts work. You can assess if an attorney is the right choice for you by scheduling a consultation with them.

Contact Our Team to Get Help with Disability Discrimination

You deserve compassionate legal support if you have faced disability discrimination at the workplace. Seeking legal counsel can help relieve some of the stress you may be dealing with as you work to secure your legal rights as a disabled worker.

Contact Briana Kim, PC, to discuss your options if you believe you have faced disability discrimination at work. Our seasoned Long Beach disability discrimination lawyer is ready to cater attentively to your legal needs. Schedule a consultation today.

Long Beach Disability Discrimination Lawyer Reviews

Locations

249 East Ocean Blvd, Ste 814
Long Beach, CA 90802

6 Centerpointe Dr, Ste 700,
La Palma, CA 90623