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Moon and Yang Professional Corporation

Disability Discrimination

Federal and state laws make it illegal for employers to treat workers unfavorably due to their disabilities, impairments and/or history of disability. In fact, different from other workplace discrimination laws, disability discrimination laws also require that employers make special accommodations for disabled workers, as long as these accommodations are reasonable (and do not cause “undue hardship” to employers).

Despite these laws, however, disability discrimination in the workplace continues to occur all too often in the U.S. In fact, in 2014 alone, the U.S. Equal Employment Opportunity Commission (EEOC) received more than 25,300 reports of alleged disability discrimination in the workplace, leading to the collection of nearly $100 million in civil penalties from American employers.

Disability Discrimination in the Workplace: The FEHA Definition of Disability

After being the target of disability discrimination in the workplace, contact us. Our Los Angeles employment lawyers can help you fight back and obtain the justice you deserve.

After being the target of disability discrimination in the workplace, contact us. Our Los Angeles employment lawyers can help you fight back and obtain the justice you deserve.

While various federal and state laws prohibit disability discrimination in the workplace, in California, the Fair Employment and Housing Act (FEHA) is one of the primary laws dealing with this issue. According to the FEHA, disability and medical conditions are defined as follows:

  • A physical disability refers to any physiological disease, disorder, condition, disfigurement or anatomical loss that impacts one or more bodily systems and limits a major life activity. Physical disabilities can also include having a history of such diseases and/or conditions or being perceived as having such conditions by an employer.
  • A mental disability is any mental or psychological condition that limits a major life activity. This can include conditions like mental illness, certain learning disabilities, mental retardation, organic brain syndrome, etc.
  • A medical condition refers to any health impairment related to a cancer diagnosis, a history of cancer and/or a genetic disease.

The FEHA protects those who qualify as disabled or have certain medical conditions (based on the above definitions) from disability discrimination at work. Additionally, people who are married and/or related to disabled individuals can also be protected from disability discrimination, as harassing someone at work because their spouse or child is disabled can also constitute disability discrimination in the workplace.

Disability Discrimination in the Workplace: Some Common Examples

While the laws prohibiting disability discrimination in the workplace are regularly being updated, currently, these laws make the following actions illegal:

  • Questioning job applicants about medical issues or impairments before a job offer has been made
  • Only requiring certain job applicants to take medical tests or answer medical questions
  • Hiring, laying off and/or firing employees due to their disabilities or impairments
  • Paying disabled workers lower wages than their able-bodied co-workers who perform the same duties/jobs
  • Overlooking disabled workers for training, promotions or other job-related opportunities due to their impairments
  • Failing to provide disabled workers with reasonable accommodations so that they can perform their jobs
  • Targeting disabled employees for harassment, including physical and/or verbal harassment.

Los Angeles Employment Discrimination Attorneys at Moon and Yang Professional Corporation

Have you been the target of disability discrimination at work? If so, the experienced Los Angeles employment attorneys at the Moon and Yang Professional Corporation are here for you, ready to help you obtain the justice and compensation you may deserve.

At Moon & Yang, our lawyers are committed to:

  • Providing our clients with aggressive legal advocacy and the highest quality legal services
  • Working tirelessly to help our clients hold their employers accountable for discriminating against them
  • Crafting our clients the strongest possible cases so they are able to obtain the maximum available financial recoveries.