Disabling Discrimination: Los Angeles Disability Discrimination Attorneys

By: Joan Guevarra
Submitted: 2009-10-20 17:53:33
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The Constitution provides that “All men are equal”. But for a lot of persons living with either a mental or physical disability, the law may seem far from the truth.

People with disabilities do not just have to live an impairment that could limit their potentials and functions—they live with bias and prejudice from other people who feel that being disabled makes them “less”. Such discrimination can cause trauma, stress and severe emotional anxiety.

Los Angeles Disability Discrimination Attorneys are the right person to turn to especially if victims of discrimination have exhausted all other options to put an end to that kind of treatment. 

Disability discrimination more often than not, takes place in the workplace. It is important to know that Federal and state laws have been passed, protecting disabled employees against common employment disability discrimination acts such as:

•    Failure to hire due to a disability
•    Failure to promote due to a disability
•    Failure to accommodate your disability
•    Retaliation because of your disability accommodations or requests for accommodations
•    Termination on account of your disability

Title I of the American with Disabilities Act of 1990 (ADA) specifically prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

 Employers with 15 or more employees, state and local governments are covered by the ADA. It also applies to employment agencies and to labor organizations.

As far back as 1964, under Title VII of the Civil Rights Act of 1964, employers cannot discriminate against their employees based on race, skin color, religion, age, sex (gender), disability or national origin. Federal and state statutes have been set up to prevent illegal job discrimination.

Also, if an employee is terminated for a reason specifically based on a discrimination protected by the law such as disability, then it is likely that the employer does not have good cause for termination. The doctrine of Employment at Will will not apply and the employee discriminated against can file a lawsuit against the erring employer.

If you feel you are the victim of disability discrimination in your employment, remaining silent about the abuse will only make things worse for you in the long run.

The first thing you have to do is report is to your management or the company’s human resources department. If your concern isn’t properly attended to or if you become a victim of retaliation, you can contact the U.S. Equal Employment Opportunity Commission.

A charge of discrimination generally must be filed within 180 days of the alleged discrimination. You may have up to 300 days to file a charge if there is a State or local law that provides relief for discrimination on the basis of disability. Los Angeles Disability Discrimination attorneys could provide valuable assistance to you in filing your case and making it successful.

As a victim of disability discrimination, you may be entitled to hiring, promotion, reinstatement, back pay, or reasonable accommodation, including reassignment and even attorneys fees. A good Los Angeles Disability Discrimination attorney can give all of that to you.

Article source: Expert Articles