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California Employment Disability Discrimination Attorney

An employer may be liable for unlawful discrimination if it fails to provide reasonable accommodations for an employee’s disability when the employer knew or should have known about the employee’s disability. In California, an employee may be deemed to have a disability if the limitation interferes with their ability to work. Reasonable accommodations can include things like reduction in hours, working from home, finite leaves of absence, ergonomic chair or keyboard, and more.

Once the employer becomes aware of the need for a reasonable accommodation, whether through the employee’s request or the employer’s own observations, the employer’s obligation to provide a reasonable accommodation is triggered.

The employer and employee must then engage in a good faith interactive process to determine whether the requested accommodation is reasonable for the employer without causing the employer “undue hardship.” If the employer rejects the employee’s requested accommodation without discussion, the employer may be liable for disability discrimination because of its failure to discuss reasonable alternatives. This often occurs through a specific rejection coupled with termination. Employees can also face harassment and retaliation for needing a reasonable accommodation and asserting their rights to have one in the workplace.

If you do not have a physical or mental disability, but you are unable to work due to your own serious medical condition or that of a family member, you may still be eligible to take a leave of absence under the Federal and State Medical Leave Acts (FMLA and CFRA) for up to 12 weeks.

We have a team of employment disability attorneys who represent employees affected by disability discrimination throughout the state of California, including the San Francisco Bay Area, Los Angeles, Sacramento and San Diego.

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    AREAS OF EMPLOYMENT LITIGATION

    • Gender/Sex Discrimination
    • Race/Color/National Origin Discrimination
    • Disability Discrimination
    • Pregnancy Discrimination
    • Age Discrimination
    • Genetic Discrimination (GINA)
    • Sexual Harassment/Protected Class Harassment
    • Sexual Assault/Battery
    • Wrongful Termination
    • Retaliation
    • Whistleblowing
    • Denial/Violation of Medical Leave
    • Wage and Hour

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    • San Francisco Office: 100 Pine Street Suite 1250, San Francisco, CA 94111

    • (415) 358-7988

    • [email protected]

    INFORMATION

    This site contains general information that may not be up to date and does not constitute any client-attorney relationship. It is not intended to provide legal advice. For legal advice, you will need to consult an attorney at Rene Potter – Employment Rights Law Firm. Past results are not indicative of future results and are not a guarantee of any result.

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