It is illegal for an employer to discriminate against an employee with a disability in the hiring, firing, promoting, disciplining, or other aspects of employment. Disability discrimination means treating an employee differently in employment because of his or her disability, perceived disability, or association with another person with a disability. For example, disability discrimination may include:
- Decision in hiring, termination, selection for training, job assignments, promotions, pay, benefits, lay off, or family/medical leave is based on an employee’s physical or mental disability;
- Harassing an employee on the basis of his or her disability;
- Asking a job applicant questions about his or her past or current medical conditions, or requiring a job applicant to take medical examination before being offered a job;
- Creating or maintaining a workplace that includes substantial physical barriers to an employee with physical disabilities; or
- Refusing to provide a reasonable accommodation to an employee with physical or mental disability when the accommodation would allow the employee to work.
If you have a disability but are able to perform the essential functions of a job with or without reasonable accommodation, federal and state laws may protect you from job discrimination, harassment, and retaliation based on your disability or your association (family, social, or other relationship) with a person with disability. Your employer may be required to provide you with a “reasonable accommodation” that would allow you to enjoy equal employment opportunities as individuals without disabilities. Reasonable accommodations differ according to the circumstances of each individual’s situation. You and your employer should engage in an interactive process to discuss your needs and determine the appropriate reasonable accommodation. Reasonable accommodations may include:
- Modifying the existing job facilities to be accessible to employees with disabilities;
- Modifying work schedules or reassignment to vacant position; or
- Acquiring or modifying equipment or devices to facilitate the performance of job duties.
However, your employer may not be required to provide certain accommodation when the requested accommodation will cause hardship on the employer’s business.
You have the right to be free from harassment or discrimination in the workplace. Please contact our firm if you feel that you have been harassed or mistreated at work because of your disability. Our Los Angeles based attorneys have expertise in disability laws. We will assist you in pursuing all legal remedies that are available to you.Racial Discrimination
It is illegal for an employer to discriminate against an employee based on the employee’s race or skin color. For example, it is illegal for an employer to:
- Hire people according to their race;
- Engage in employment practices that disfavor particular races;
- Assign jobs to people according to their race;
- Offer different salaries or benefits to people based on their race; or
- Award promotion or training opportunities according to race.
It is a form of racial discrimination if your employer treats you differently than people of other races purely because of your race. It is also a form of racial discrimination if your employer’s company policies have disproportionate, adverse impact on certain races. Please contact our firm if you feel that you have experience racial discrimination at work. Our team of Los Angeles based attorneys with expertise in employment law will discuss the legal remedies that are available to you.Sexual Orientation Discrimination
Sexual orientation discrimination in the workplace occurs when an employee is subjected to adverse employment action, different treatment, harassment, or denial of certain benefits solely based on their real or perceived sexual orientation—homosexual, bisexual, or heterosexual. Sexual orientation discrimination may also occur because of the employee’s association with someone of a different sexual orientation. Examples of sexual orientation discrimination in the workplace may include:
- Hiring, firing, denying promotion, or disciplining an employee specifically because the employer thinks the employee is lesbian, gay, bisexual, or straight;
- Receiving comments about sexual activity, sexual jokes, touching or grabbing, leering, gestures, pictures or drawings portraying a specific sexual orientation; or
- Subjecting an employee to verbal or physical harassment because of the employee’s sexual orientation.
In California, the Fair Employment and Housing Act specifically provides protection from harassment or discrimination in employment because of the employee’s sexual orientation. Please contact our firm if you feel that you have experienced sexual orientation discrimination at work. Our team of Los Angeles based attorneys with expertise in employment law will assist you in pursuing all legal remedies that are available to you.