Disability Discrimination

Both California and Federal law provides strong protections to workers with physical or mental disabilities. It is illegal to discriminate against an employee because of a disability. The Americans with Disabilities Act is federal law that prohibits disability discrimination on the job. States also have their own anti-discrimination laws that apply to disabled workers. In California, this law is called the Fair Housing and Employment Act. The FEHA offers even more protection than the ADA to California workers who experience disability discrimination.

What Conditions Are Recognized as a Disability?

FEHA prohibits discrimination against individuals that have a “physical disability, mental disability, or medical condition.”

  • “Medical condition” means either cancer or genetic characteristics
  • “Physical disability” includes but is not limited to physiological and anatomical conditions. It also includes, but is not limited to HIV/AIDS, epilepsy, diabetes, multiple sclerosis, hepatitis, and heart disease.
  • “Mental disability’ includes any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness or learning disabilities that limits a major life activity.

In some circumstances, an employee may also sometimes be considered to have a disability if he or she had a prior history of these conditions (even if he or she had recovered), or if his or her employer (even incorrectly) thinks that person is disabled. The FEHA prohibits an employer from discriminating against an employee based on his or her association with a disability. An employer, for example, cannot discriminate against an employee who requires a medical leave of absence to donate a kidney.

What Can an Employee Recover for Disability Discrimination?

Compensation for disability discrimination can include:

  • Reinstatement of the employee’s job
  • Damages for lost income
  • Damages for emotional distress and/or punitive damages

To read more about what we can do for you click here or call today.

Duel Law Firm has successfully obtained multiple six and seven figure payouts on behalf of individual employee and class action matters. We have extensive experience representing aggrieved employees in matters involving discrimination, harassment, retaliation, wage and hour violations, and wrongful termination.Duel Law Firm protects the rights of countless employees seeking to secure compensation and justice after being victimized by their employers. Duel Law Firm is dedicated to protecting the rights of all employees in the workplace. Below, you can find a portfolio of a few of the employment matters that we have handled, as well as the general areas in Employment Law that the Firm specializes in. 

Prior to forming Duel Law Firm, PC, Jasmine Duel was a partner at a premiere boutique law firm specializing in plaintiff’s employment law and general civil litigation. Jasmine Duel’s primary expertise is in employment law. She understands both the emotional and financial implications of employment claims, and understands that employment claims are personal and sensitive. Such claims often arise throughout the course of an employee’s dedicated and loyal service to an employer who ultimately abuses its power and illegally discriminates or retaliates against the employee, leaving the employee helpless. Ms. Duel has made it her mission to effectively represent such aggrieved employees.

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