If you have a medical condition that impacts your daily activities, life can be difficult. When your employer or housing provider treats you differently because of that condition or fails to make reasonable accommodations, you may have a discrimination claim.
At Bracamontes & Vlasak, P.C., we know that every situation is unique, and that your conditions and situation require a personal approach. We are tenants' rights and employment law attorneys who fight for the rights of people every day.
If you think you have been discriminated against because of your disability, contact our San Francisco disability discrimination attorneys today. Talking with an experienced lawyer can help you understand your rights and what options you have for enforcing those rights.
Understanding Your Employment Rights
The federal and state laws that give disabled workers the same rights and privileges as workers who do not have disabilities can be complicated. In most cases, just because you suffer from a medical condition or disability, an employer is not allowed to treat you unfavorably because of your disability.
Not all medical conditions are considered to be a "disability" under federal or state laws and therefore eligible for protection against discrimination. In order to qualify as having a disability, you must be able to prove one of the following:
- You have a mental or physical condition that prevents you from participating in a major life activity (this includes conditions that limit your ability to breathe, think, care for yourself, learn, talk, hear, walk, see, etc).
- You have a history of a disability (applies in situations where you have a disease that may be in remission, such as cancer or multiple sclerosis)
- You are perceived to have a substantially limiting disability
The two most common federal laws that control disability discrimination situations include the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. Both laws prohibit discrimination of individuals with disabilities in the workplace. People generally refer to these laws as requiring employers to make a "reasonable accommodation" for qualified employees.
Do You Have a Failure to Accommodate Claim? Contact Our Oakland Attorneys
What is considered "reasonable" depends on the situation, but generally includes changes to the workplace or a job that would allow an employee to do his or her job. These accommodations also refer to people applying for jobs and the application process. In a nutshell, a reasonable accommodation should ensure that a disabled worker has the same opportunity that a non-disabled worker has.
If you need to make a request for a reasonable accommodation, it is helpful to think of the process as interactive. Working with an attorney early in the process can help how your initial request is handled by your employer. If you have already made a request for a reasonable accommodation and it was denied, you may have a workplace discrimination claim.
Contact an experienced California Bay Area disability discrimination lawyer at Bracamontes & Vlasak today for a free consultation.