Los Angeles Americans with Disabilities Act Lawyer (ADA)
Disabled individuals must overcome a vast number of hurdles just to live their lives on an everyday basis. Typically, other people do not maliciously, or even intentionally, set up these hurdles. Perhaps they do so thoughtlessly, or perhaps the hurdle is just part of the system. However, these excuses do not justify such conduct. Equal opportunity for everyone is the very basis of our society.
A compassionate Los Angeles Americans with Disabilities Act lawyer at Litigation, P.C., understands the additional hardships that disabled individuals face at every stage of the employer-employee relationship. So, we are committed to providing the equal opportunity that the law requires.
Am I Disabled?
Generally, people are disabled for employment purposes if they have a condition which substantially impairs their daily lives and they are otherwise qualified for a certain job. Let’s break down these requirements individually.
“Disability” is not just a medical term. This word also has educational, experiential, vocational, and other implications. Mental disabilities, like severe brain injuries, are usually always disabling. However, certain physical disabilities, such as a missing finger, are only disabling in some cases.
The underlying condition could be physical, emotional, or mental. Proof of this disability is usually some combination of a medical diagnosis, the employee’s own testimony, or statements from friends, family, and/or co-workers.
Diagnosis usually involves medical intervention. Prescription medication and other interventions might or might not affect the disability. For example, some people are legally blind without prescription eyewear. Others are legally blind no matter what.
Core qualifications often involve a related issue. Most office jobs require individuals to sit for extended periods. A back injury does not necessarily disqualify an applicant, because a reasonable accommodation might be available. Instead, core qualifications usually refer to things like training and experience.
Establishing a Claim
Usually, an ADA claim could hold up in court if the employer refused to accommodate the disabled individual or took adverse action against the individual because of her or his disability. Once again, let’s break these claims down individually.
As mentioned, employers not only have a duty to provide reasonable accommodations for their employees. This responsibility also includes items like accessible websites and necessary accommodations for job applicants.
Reasonable accommodations usually require notice to employers. The duty to accommodate does not apply unless the employer knows about the person’s disability and the requested accommodation does not constitute a business hardship.
As the phrase implies, a “business hardship” usually means something which is beyond the pale. A blind person cannot ask an employer to pay for vision restoration surgery. That’s not a reasonable accommodation.
Our team usually relies on treatment disparity to establish targeted adverse action. Assume Employee A and B both have the same number of tardies. The boss gives a written warning to Employee A and fires Employee B, who is disabled. The boss would be hard-pressed to defend this disparate treatment in court.
Contact an Experienced Los Angeles County Employment Attorney
The law guarantees equal opportunity for everyone. For a confidential consultation with an experienced Los Angeles Americans with Disabilities Act (ADA) lawyer, contact Litigation, P.C., at 424-284-2401 or online to learn about your legal options. We routinely handle matters throughout SoCal.