ADA Attorney San Diego

If you are in need of an ADA attorney in San Diego, Waltman Employment Law can be of service to you. Call us today for a detailed conversation.

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Waltman Employment Law: Your ADA Attorney in San Diego

Are you or your loved ones facing disability discrimination in the workplace? Experiencing unfair treatment and exclusion at work is disheartening and, more importantly, unlawful. Both state and federal laws protect employees from disability discrimination.

Both the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) protects disabled employees and fosters a fair and inclusive work environment. Disability discrimination lawyers can help you understand the law and fight workplace discrimination.

At Waltman Employment Law, our devoted and skilled ADA attorney in San Diego is dedicated to advocating for the rights of disabled employees and ensuring they receive the rightful legal representation they deserve. Contact us today for a free consultation.

What Is the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA), passed in 1990, is a federal law that aims to protect individuals with disabilities from discrimination, especially in the workplace. It requires employers to avoid discriminatory practices against qualified individuals with disabilities and provide reasonable accommodations when needed.

The ADA’s primary goal is to ensure that individuals with disabilities maintain equal rights and opportunities. This covers different aspects of employment, like hiring, firing, pay, promotions, and other related areas. The ADA aims to promote fairness, inclusivity, and non-discrimination at work.

Some other state and federal laws also address disability discrimination.

Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) protects employees who need to take time off work for family or medical reasons. FMLA typically allows eligible employees to take 12 workweeks of unpaid leave in a 12 month period for:

  • The birth of a child and care of a newborn.
  • The care of a newly placed adopted or foster child.
  • The care for an immediate family member with a serious health condition.
  • A serious health condition that makes them unable to perform essential duties of their job.
  • A qualifying exigency if an immediate family member is called to active duty military status.

California Fair Employment and Housing Act

The Fair Employment and Housing Act (FEHA) is a California state law prohibiting discrimination based on disabilities or perceived disabilities. It also mandates employers to provide reasonable accommodations that enable disabled employees to perform essential duties of their jobs.

Disability discrimination laws ensure that employees do not get penalized for taking necessary time off due to their disability or to care for the disability-related needs of a loved one. Discrimination laws also protect the rights of individuals with disabilities and their families, promoting fairness and support in the workplace.

Understanding Disability Discrimination in San Diego

Both the ADA and FEHA prohibit employers from discriminating against employees based on disabilities. Disability discrimination can take various forms, such as:

  • Discrimination against qualified individuals with disabilities by denying them employment or promotion opportunities.
  • Firing an employee solely because of their disability.
  • Denying reasonable accommodations to enable an employee to perform their job duties.
  • Employer retaliation for utilizing FMLA.
  • Engaging in harassment or fostering a hostile work environment for an employee based on their disability.
  • Failure to provide appropriate support for medical leave.

Employer Obligations

In California, employers are legally obligated to participate in an interactive process when a disabled employee or applicant requests a reasonable accommodation. This obligation means working together to find adequate accommodations for job performance, including:

  • Starting a timely conversation.
  • Gathering information on limitations.
  • Exploring potential accommodations.
  • Considering both employee preferences and organizational needs. 

Employers must approach an accommodation request sincerely, maintain open communication, and explore all reasonable options.

If your employer has failed to provide appropriate accommodations, options are available. With the help of an ADA attorney in San Diego, you can hold your employer accountable. At Waltman Employment Law, we are dedicated to supporting individuals with disabilities and empowering them to fight against discrimination and protect their rights in the workplace.

How an ADA Attorney in San Diego Can Help

Navigating the legal aspects of a disability discrimination claim can be overwhelming. Seeking the guidance of a supportive and skilled ADA attorney can help. With their extensive knowledge and wealth of experience, they can assist you in understanding the applicable laws, the legal process, and potential outcomes.

At Waltman Employment Law, we help you with:

  • Understanding your rights under the ADA and FEHA.

  • Investigating and gathering evidence to build a strong case.

  • Negotiating with employers and opposing counsel to resolve disputes and seek justice on your behalf.

  • Filing a complaint with the Equal Employment Opportunity Commission (EEOC)

  • Representing you in court.

Contact an Experienced ADA Attorney in San Diego Today

If you or a loved one has faced disability discrimination, it is essential to speak with a San Diego disability discrimination lawyer right away. Quick action can help resolve ongoing issues and increase your likelihood of compensation for your claims.

At Waltman Employment Law, our goal is to help clients get justice when faced with discriminatory practices from employers. We take a personalized approach to each case and provide compassionate legal representation to ensure fairness in the workplace. If you are dealing with disability discrimination, our experienced ADA attorney in San Diego is ready to offer a consultation. 

If you need assistance, support, or advice regarding disability discrimination in the San Diego area, contact us today for a free consultation. We will discuss your case and explore all legal options available.

Frequently Asked Questions

What Constitutes a Disability?

According to the ADA, a disability is a physical or mental disability that substantially limits a significant life activity. This includes disabilities that affect walking, lifting, bending, reading, speaking, or impairments in the body’s vital functions. Disabilities can be visible or not.

Since many employees could potentially be protected under this broad disability definition, consulting with an experienced ADA attorney in San Diego can be critical to helping determine if your condition meets the ADA’s criteria.