San Diego Disability Discrimination Attorney

Are you facing disability discrimination in the workplace? Our San Diego disability discrimination attorney at Waltman Employment Law is dedicated to defending your rights and securing justice.

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Experienced Disability Discrimination Lawyer in San Diego

Navigating life with a disability can present numerous challenges, not the least of which is the unfortunate reality of workplace discrimination. Under federal laws and state laws, individuals with disabilities are entitled to protection from discrimination, not just socially, but within their places of employment as well. It is our collective civil responsibility to ensure these protections are upheld, fostering an equitable environment for all members of our community.

At Waltman Employment Law, we understand the profound impact that discrimination can have on one’s life, whether physical or mental disability, including the sense of injustice and the practical barriers it introduces. If you find yourself facing such issues in the workplace, know that it’s your right to seek justice. Discrimination on any ground is unacceptable, and it’s particularly egregious when it impedes those with disabilities from finding equal footing in their career and personal development.

With our experience and know-how in employment law and our commitment to fighting for employees against abusive workplace practices, we stand ready to assist you in navigating these complex issues. Our team has extensive experience in handling disability discrimination cases in San Diego, offering tailored advocacy and steadfast dedication to championing your rights. A trusted disability discrimination attorney can provide experienced guidance and the support you need to achieve the redress you deserve.

Understanding Disability Discrimination

As dedicated advocates for employee rights, we understand the nuances of disability discrimination in workplaces. It’s essential to recognize what constitutes such discrimination to effectively combat it.

Under the law, disability discrimination occurs when an employer treats a qualified individual unfavorably because of their mental or physical disability. This encompasses all aspects of employment, including hiring, promotions, job assignments, training, termination, and any other terms, conditions, or privileges of employment.

Under federal law, Title I of the Americans with Disabilities Act (ADA) provides that employers are forbidden from discriminating against people with disabilities in every stage of employment. The ADA also requires that employers provide reasonable accommodations, unless doing so would cause significant expense or difficulty to the employer.

Meanwhile, California state’s Fair Employment and Housing Act (FEHA) similarly prohibits disability discrimination and mandates reasonable accommodations for employees with disabilities, aiming at reasonable accommodation to enable them to do their duties effectively.

Disability discrimination has a considerable impact on disabled employees, often leading to job loss, reduced income, and emotional distress. It likewise creates an environment of inequality that undermines the principles upon which our firm stands.

Should you believe that you’ve been unfairly treated due to a disability, our team is prepared to fight on your behalf. Our commitment includes standing against disability discrimination and striving to provide justice and equal opportunities for employees with disabilities.

We support the enforcement of the ADA and FEHA to protect the rights of all employees. The California Civil Rights Department provides additional resources which may be of assistance in understanding your rights.

Legal Protections Against Disability Discrimination

The ADA and FEHA are two laws that ensure individuals with disabilities have the same rights and opportunities as everyone else in the workplace, including the right to reasonable accommodations.

Reasonable Accommodations
These are modifications or adjustments provided to enable employees with mental or physical disabilities to perform their essential job functions. Accommodations can range from physical changes to improve accessibility to providing assistive technologies to increase access.

Enforcement Agencies
The enforcement of these protections is overseen by the Equal Employment Opportunity Commission (EEOC) at the federal level, and the California Civil Rights Department (CRD) at the state level. Individuals who face disability discrimination can file a complaint with these agencies.

Remedies for Disability Discrimination

If your case is decided in your favor, you could be entitled to the following remedies:

  • Damages for pain and suffering or emotional distress.
  • Reinstatement to a former position if unfairly dismissed.
  • Promotion if unfairly denied due to disability.
  • Back Pay to compensate for lost wages due to discrimination.

It is our mission to stand up for those who have been subjected to disability discrimination. We strive to ensure that your rights are upheld and that you receive the accommodations you are legally entitled to. If you believe you’ve faced discrimination on the basis of a disability and require tailored advocacy, our dedicated team is here to provide unwavering support.

Filing a Disability Discrimination Claim

At Waltman Employment Law, our disability discrimination lawyers help aid employees who’ve faced discrimination due to their physical or mental impairment. The law safeguards your rights, and our firm is adept at ensuring they’re upheld.

Seeking Enforcement

It’s crucial to recognize that you are entitled to a workplace free from discrimination, especially based on disability. If you suspect your employer has violated your rights, legal recourse is a powerful tool at your disposal. As your advocates, we guide you through submitting a formal claim with agencies such as the EEOC or CRD.

Filing with the EEOC or CRD

The process begins with filing of a complaint to the EEOC or CRD. This action must generally be taken within 180 days from the day the discrimination occurred.

  • Documentation: Gather all relevant evidence.
  • Timelines: Adhere strictly to deadline requirements.
  • Details: Provide a clear account of the discriminatory acts.

During the Legal Process

After filing, expect a thorough investigation. An agency representative may contact you for an interview, and mediation might be offered as a resolution. Our firm will be there to represent your interests during these steps to negotiate a fair outcome.

Post-Complaint Phase

When your complaint is processed, two things could happen:

  • The agency may issue a “right to sue,” enabling us to file a lawsuit in federal or state court.
  • The agency might resolve the claim through a negotiation with your employer.

The Importance of Legal Assistance

Navigating this legal terrain requires experience and skills. As your disability discrimination lawyer, we apply our commitment, compassion, and extensive experience to your case. We are dedicated to fighting against workplace injustices. Let us help you enforce your rights and seek the justice you deserve.

How Waltman Employment Law Can Help

At Waltman Employment Law, we understand the challenges that come with facing disability discrimination in the workplace. Our firm stands as a bulwark against abusive work environments, offering relentless advocacy and compassionate legal representation to those in need.

Our knowledge of employment law allows us to provide a broad spectrum of services, meticulously tailored to address each client’s unique situation. Our employment law attorneys handle various cases such as retaliation for seeking accommodations, harassment, and failure to comply with wage and hour laws. We are committed to securing justice for workers who have been wronged and deprived of benefits such as overtime pay and pregnancy and parental leave.

We can help navigate the complexities of the complaints process, from free consultation and initial advice to vigilant representation in legal proceedings. Our skilled team brings their experience and understanding to each case. With a sharp eye for detail and analytical thinking, we ensure that no stone is left unturned in preparing your case. When you choose Waltman Employment Law, you can expect the following:

  • Legal Advice: Clearly explaining your rights and options.
  • Personalized Advocacy: Tailoring our approach to your specific needs.
  • Comprehensive Representation: Standing by your side from start to finish.

Our dedication extends beyond disability discrimination cases, as we’re well-versed in other areas of employment law, including ensuring fair parental leave practices. If you’re faced with such issues, we can provide the steadfast support you need. Contact us today to discuss your case and how we can assist you.