Lawyers for Wrongful Termination Due to Disability

At Akopyan Law Firm, A.P.C., we recognize the difficulties faced by employees with disabilities in the workplace. Being fired because of a disability is not just unfair—it’s illegal. If you’ve been the victim of wrongful job termination because of disability, you have legal options, and we are here to assist. Our knowledgeable attorneys are dedicated to helping you fight back against wrongful dismissal because of disability and protecting your rights.

What is a Disability In the Context of Employment Law?

Disability is defined under both federal and state laws, offering significant protections to employees. The concept of disability is addressed in two key legal frameworks: Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA).

Title VII defines a disability as any physical or mental impairment that substantially limits one or more major life activities. This federal law is designed to prevent discrimination in the workplace, ensuring that individuals with disabilities have equal employment opportunities.

The California Fair Employment and Housing Act (FEHA) expands on these protections, offering a broader definition of disability. Under FEHA, a disability is any physical or mental impairment that limits a major life activity. Unlike Title VII, the condition doesn’t need to “substantially” limit the activity—limitation alone is sufficient. FEHA also provides protection to individuals who have a history of disability, those perceived as having a disability, and those associated with someone who has a disability.

Both Title VII and FEHA require employers to make reasonable accommodations for employees with disabilities unless it would cause undue hardship for the employer. These accommodations may include modifying work hours, altering job responsibilities, providing assistive technology, or ensuring accessibility. If an employer fails to accommodate or takes adverse action like wrongful discharge because of disability, it may be a violation of the law.

Common Workplace Discrimination Against Employees With Disabilities

Discrimination against employees with disabilities can take many forms. The most direct and harmful is being fired because of a disability. This might happen when an employer wrongfully assumes that an employee’s disability prevents them from performing their job, even when reasonable accommodations could enable them to do so effectively.

Other discriminatory actions include denying promotions, assigning less desirable tasks, or subjecting the employee to harassment due to their disability. In some cases, employers might cite poor performance or other pretexts to justify wrongful firing because of disability, when the true reason is discriminatory.

Unjust firing because of disability not only affects the employee’s financial stability but also impacts their emotional well-being and future career prospects. This is why it is crucial to seek legal counsel if you suspect you’ve been wrongfully dismissed because of disability.

Legal Protections Available to Disabled Employees

Employees with disabilities are protected under both Title VII and FEHA. These laws prohibit discrimination based on disability and mandate that employers engage in an interactive process with the employee to identify reasonable accommodations. If an employer refuses to participate in this process or denies accommodations without a legitimate reason, it may constitute unlawful termination because of disability.

In California, FEHA provides particularly strong protections, offering broader coverage than federal law. If you’ve faced wrongful job termination because of disability, wrongful discharge because of disability, or any other form of discrimination, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).

Contact Akopyan Law Firm, A.P.C. in Los Angeles, Orange, Riverside, San Bernardino, Bakersfield, or Oxnard

If you’ve been wrongfully fired because of a disability or believe you have been subject to wrongful dismissal because of disability, Akopyan Law Firm, A.P.C. is here to assist you. Our experienced attorneys will work with you to thoroughly understand your case, collect evidence, and create a robust legal strategy to challenge your wrongful termination.

We are committed to holding employers accountable for discriminatory practices and obtaining the compensation you deserve. This may include recovering lost wages, securing reinstatement, and obtaining damages for emotional suffering. Additionally, we aim to prevent future discrimination by advocating for stronger protections for disabled employees.

For more detailed information on your rights as an employee with a disability, you may find these resources useful:

If you’ve been subjected to unjust firing because of disability, do not hesitate to contact Akopyan Law Firm, A.P.C. We know how deeply discrimination can affect your life, and we are here to help you seek justice. Reach out to us today at (818) 509-9975 if you were fired because of a disability. Our trial tested employment lawyers stand ready to help in cases involving a wrongful dismissal because of a disability.

Featured Case Involving Wrongful Termination Due to Disability

Dark v. Curry Cnty., 451 F.3d 1078 (9th Cir. 2006)

A heavy-equipment operator for the county road department, who had epilepsy, brought an action against the county, the county road department, and supervisor alleging discriminatory discharge under the Americans with Disabilities Act (ADA) and state law. The United States District Court granted summary judgment in favor of the employer and employee appealed. The Court of Appeals held that: (1) the department’s proffered reason for termination did not qualify as a legitimate, nondiscriminatory explanation; (2) an issue of material fact existed regarding operator’s epilepsy was motivating factor for termination; (3) an issue of material fact existed regarding whether operator could have been reasonably accommodated; and (4) an issue of material fact existed as to whether operator’s use of sick and medical leave was reasonable accommodation.

The Court’s opinion states in part as follows: “Dark has the burden of showing the existence of a reasonable accommodation that would have enabled him to perform the essential functions of an available job. See Zukle v. Regents of University of California, 166 F.3d 1041, 1046 (9th Cir.1999) (citation omitted). To avoid summary judgment, however, Dark “need only show that an ‘accommodation’ seems reasonable on its face, i.e., ordinarily or in the run of cases.” U.S. Airways, Inc. v. Barnett, 535 U.S. 391, 401–02, 122 S.Ct. 1516, 152 L.Ed.2d 589 (2002) (emphasis added). In addition, our cases make clear that the County bore an affirmative obligation to engage in an interactive process in order to identify, if possible, a reasonable accommodation that would permit Dark to retain his employment. See Allen v. Pacific Bell, 348 F.3d 1113, 1115 (9th Cir.2003) (per curiam) (citing Humphrey, 239 F.3d at 1137–39); Morton, 272 F.3d at 1256 (explaining that summary judgement is available only where there is no genuine dispute that the employer has engaged in the interactive process in good faith); Nunes, 164 F.3d at 1248–49 (reversing summary judgment because, inter alia, “the record contains no evidence that[the employer] considered any at-work accommodations to reduce the risks it feared” (citation omitted)); see also 29 C.F.R. § 1630.2(o)(3) (“To determine the appropriate reasonable accommodation it may be necessary for the covered entity to initiate an informal, interactive process with the qualified individual with a disability in need of the accommodation.”). Because the County did not engage in any such process, summary judgment is available only if a reasonable finder of fact must conclude that “there would in any event have been no reasonable accommodation available.” Morton, 272 F.3d at 1256 (citation omitted).

Here, the record indicates that Dark requested accommodation through either (1) a temporary change in his duties; (2) reassignment to a new position; or (3) the use of accumulated sick leave or medical leave without pay. Dark’s accommodation proposals are based on his argument that his uncontrolled epilepsy was temporary. Dark argues—with the concurrence of his treating physicians—that he could safely resume all functions of his job upon completing the transition to his new medication. Though Dr. Melson, the County’s physician, doubted Dark’s overall fitness, he also acknowledged the relevance of Dark’s “medication adjustments.” At the least, Dark has raised a genuine issue of material fact as to his qualifications post-adjustment. In this light, we consider whether a reasonable juror could find that any of the accommodations proposed by Dark were reasonable and available. Regulations under the ADA provide that “job restructuring” may be a “reasonable accommodation” required of the employer. 29 C.F.R. § 1630.2(o)(2)(ii). Dark argues that the transport of heavy machinery consumed only two to three percent of Dark’s work time, and thus there is a genuine issue of fact as to whether this was an essential function. For the 40 days during which Dark’s commercial driver’s license was suspended, he argues, this function could have been reallocated to another employee. The County, however, considers this argument a red herring; whether Dark should be made to drive on the public roads is beside the point when the job’s essential function is the operation of heavy equipment, occupying 65% of total work time.

The ADA does not require an employer to exempt an employee from performing essential functions or to reallocate essential functions to other employees. See 29 C.F.R. Part 1630, App. (“An employer or other covered entity may restructure a job by reallocating or redistributing nonessential, marginal job functions.”); Phelps v. Optima Health, Inc., 251 F.3d 21, 26 (1st Cir.2001). The County thus need not restructure Dark’s position by exempting him from the essential duty of operating heavy machinery. Dark has not shown job restructuring was an available option. Then there is the possibility of reassignment. Dark is a qualified individual under the ADA if he can “perform the essential functions of a reassignment position, with or without reasonable accommodation, even if [he] cannot perform the essential functions of the current position.” Hutton, 273 F.3d at 892; see also 42 U.S.C. § 12111(9) (noting that reasonable accommodation may include reassignment to a vacant position). As noted, Dark offered the possibility of “[r]eassignment to a vacant position, either temporary or permanent,” and alleges that the “evidence shows [that] there were a number of open positions for which [he] was qualified around the time of his discharge.”6 The County does not reject the possibility of reassignment, but merely points out that the affidavit serving as Dark’s evidence for the availability of reassignment states only that certain positions “have become available” since his termination, not that they were available at that time. Dark’s response is to cite two Tenth Circuit cases, Smith v. Midland Brake, Inc., 180 F.3d 1154 (10th Cir.1999), and Boykin v. ATC/VanCom of Colorado, L.P., 247 F.3d 1061 (10th Cir.2001). These cases hold that vacant positions to which a disabled employee may be reassigned include those “that the employer reasonably anticipates will become vacant in the fairly immediate future.” Midland Brake, 180 F.3d at 1175 (citation omitted).”

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The litigation and trial attorneys of the Akopyan Law Firm, A.P.C. provide services throughout Southern California including but not limited to Adelanto, Agoura Hills, Alhambra, Aliso Viejo, Altadena, Anaheim, Apple Valley, Arcadia, Arleta, Atwater Village, Azuza, Bakersfield, Baldwin Park, Banning, Beaumont, Bell, Bell Gardens, Bellflower, Beverly Hills, Blythe, Boyle Heights, Brea, Brentwood, Buena Park, Burbank, Calabasas, Calimesa, Camarillo, Canoga Park, Canyon Lake, Carson, Cathedral City, Cerritos, Chatsworth, Chino Hills, Chino, Claremont, Coachella, Colton, Compton, Costa Mesa, Corona, Covina, Culver City, Cypress, Dana Point, Desert Hot Springs, Diamond Bar, Downey, Duarte, Eagle Rock, East Hollywood, East Los Angeles, Eastvale, Echo Park, El Monte, El Segundo, El Sereno, Encino, Fontana, Fountain Valley, Fullerton, Gardena, Garden Grove, Glassell Park, Glendale, Glendora, Granada Hills, Hacienda Heights, Hawthorne, Hemet, Hesperia, Highland Park, Highland, Hollywood, Hollywood Hills, Huntington Beach, Huntington Park, Indian Wells, Indio, Inglewood, Irvine, Jurupa Valley, La Canada Flintridge, La-Crescenta Montrose, La Habra, La Mirada, La Palma, La Puente, La Quinta, La Verne, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lakewood, Lake Balboa, Lake Elsinore, Lake Forest, Lancaster, Lawndale, Lincoln Heights, Loma Linda, Long Beach, Los Alamitos, Los Angeles, Los Feliz, Lynwood, Manhattan Beach, Mar Vista, Maywood, Menifee, Mission Hills, Mission Viejo, Monrovia, Montclair, Montebello, Monterey Park, Moorpark, Moreno Valley, Murrieta, Newbury Park, Newhall, Newport Beach, Norco, North Hills, North Hollywood, Northridge, Norwalk, Ontario, Orange, Oxnard, Pacific Palisades, Pacoima, Palos Verdes, Palmdale, Palm Desert, Palm Springs, Panorama City, Paramount, Pasadena, Perris, Pico Rivera, Placentia, Pomona, Porter Ranch, Rancho Cucamonga, Rancho Mirage, Rancho Santa Margarita, Redondo Beach, Reseda, Rialto, Riverside, Rosemead, Rowland Heights, San Bernardino, San Clemente, San Dimas, San Gabriel, San Fernando, San Jacinto, San Juan Capistrano, San Pedro, Santa Ana, Santa Clarita, Santa Monica, Sawtelle, Seal Beach, Shadow Hills, Sherman Oaks, Silver Lake, Simi Valley, South El Monte, South Gate, South Pasadena, South Whittier, Stanton, Studio City, Sun Valley, Sunland, Sylmar, Tarzana, Temecula, Temple City, Thousand Oaks, Toluca Lake, Torrance, Tujunga, Tustin, Twentynine Palms, Upland, Valencia, Valley Glen, Valley Village, Van Nuys, Ventura, Victorville, Walnut, West Covina, West Hills, West Hollywood, West Puente Valley,  Westchester, Westminster, Westwood, Whittier, Wildomar, Winnetka, Woodland Hills, Yorba Linda

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