Unfortunately, many employees are discriminated against in the workplace because of their disabilities. This is not appropriate, or legal in California. Although there are laws in place to protect these vulnerable employees, violations can go unpunished if the victim fails to take action and enforce his or her rights. An employee who suffers from a disability, and has been mistreated as a result, should consider contacting a lawyer that understands this area of the law. One never knows when they may need to search for a “disability discrimination lawyer near me” online.
Disability Discrimination in The Workplace
Suppose you are a petroleum engineer working in California. You speak both English and Spanish. For the past 15 years, your job has comprised of traveling to oil extraction sites in Spanish-speaking countries to perform safety inspections. One day, you fall victim to a tragic accident that causes a spinal injury. Upon hearing of this, your employer immediately puts you on disability.
After medical treatment you mostly recover but are not 100%. You still have the ability to work as an engineer, but you are unable to travel like you did before. You can still analyze the safety data from inspections carried out by others in the field. Your hope is to continue working in the office. Your employer refuses to even discuss this as a possibility and human resources says that you qualify to receive disability benefits for the rest of your life, so there is no need for you to keep working. Although there is a spirit of generosity associated with this, you are not happy. You do not want to be forced to retire early. For a situation like this, you can search for a “disability discrimination lawyer near me.”
Upon discussing the case, the lawyer tells you that the Americans with Disabilities Act and the California Fair Employment and Housing Act make it illegal for an employer to force someone with a disability into early retirement. The employer must engage in what is called the interactive process, where there is a discussion about how to provide reasonable accommodation. Allowing an engineer to work full time in the office because they can no longer collect field data is well within the parameters of reasonable accommodation. This type of accommodation is called a job restructuring.
As things proceed with your disability discrimination lawyer, your employer returns to the table for discussion about job restructuring. It is not an easy process, but you are able to return to work like you envisioned.
The truth is that many employers violate these laws because the laws are complex, and they are simply uniformed. Starting a conversation with Akopyan Law Firm, A.P.C. could be the first step in re-claiming your livelihood. What have you got to lose by going for the complementary consultation?