Top Bakersfield Disability Discrimination Attorney
Being diagnosed with a medical condition and/or disability can create barriers for those afflicted with the disability. What makes matters worse is when an employer makes it difficult for those with disabilities to perform their jobs meaningfully. Luckily our Bakersfield disability discrimination attorney specializes in holding employers accountable for illegal and downright despicable behavior.
There are various laws that prohibit discrimination on the basis of disability, both on the state and federal level. For example, there is the Americans with Disabilities Act (ADA) of 1990, California’s Fair Employment and Housing Act (FEHA), and the Rehabilitation Act of 1973. Our lawyers are trained in litigating all types of disability discrimination claims.
What If My Employer Failed to Provide Reasonable Accommodations?
The most important aspect of disability discrimination claims is not what the employer did, but it is what the employer did not do. Once your employer is on notice of your covered disability, the employer must engage in what is called the interactive process to determine what accommodations are reasonable so that you can perform the essential functions of your job.
The failure to provide reasonable accommodations and failing to engage in the interactive process is one of the most dynamic areas of law as there are no statutes that say what is reasonable. While courts in the past have deemed alternative work schedules, a modification of work hours, and other related accommodations as reasonable in light of the disability, they are not codified by law.
It is important to hire a Bakersfield disability discrimination attorney that can assist you in determining whether your employer has violated the law by refusing to permit your requested accommodations. That is where Miracle Mile Law Group can help. We offer free consultations to determine the reasonableness of your requests and to evaluate whether your employer is in the wrong. If you feel that you have suffered disability discrimination and have received unfair treatment or you were terminated because of your disability, you may have the grounds to file a lawsuit against your employer.
What If I Have to Take Leave To Take Care Of Disability?
If you have to take time off from work to tend to your disability, you may be qualified under various FMLA laws. If you need to take time off work to recover/tend to a disability, an employee can do so under certain conditions. The Family and Medical Leave Act (FMLA) provides employees up to 12 unpaid weeks of time off to tend to disability of their own or their family. The FMLA only applies to employers with 50 or more employers and you must have worked at least 1250 hours in the past year to qualify. California has the California Family Rights Act, which mirrors the FMLA in many respects. Talk to our Bakersfield disability discrimination attorney to see if you qualify.
Miracle Mile Law Group is Ready to Fight For You
At Miracle Mile Law Group, we are proud of our record of defending clients who have suffered from workplace discrimination. You will only have to pay our fees if we win your case.
To get the legal expertise you need, contact us at (888) 244-0706, or use our online contact form. We have a professional team of Bakersfield employment attorneys here to fight for you.