Sacramento Disability Rights

People with disabilities are deserving of employment and fair treatment like everyone else. Thankfully, federal and state laws protect the rights of these individuals.

When you believe your rights as an employee with a disability have been violated or dismissed, call Erkel Law, P.C. A dedicated disability discrimination attorney in Sacramento who understands these rights could help you with your case.

Which Laws Protect Employees With Disabilities?

Employees with disabilities enjoy legal protection under various federal and state laws, such as:

• The Americans with Disabilities Act (ADA) protects workers with disabilities from discrimination in the workplace and requires reasonable accommodations be provided
• Sections 501 and 505 of the Rehabilitation Act mandate that federal employers and contractors provide equal opportunities for persons with disabilities
• The California Fair Employment and Housing Act expands on a similar federal law by covering more employers and prohibiting discrimination

A Sacramento lawyer could explain these disability rights laws in more detail during an initial consultation.

Disability Discrimination In the Workplace

Discrimination based on a disability can take different forms, including the following:

• Refusing to hire or promote someone because they have a disability
• An employer failing to provide reasonable accommodations required by law
• Retaliation for participating in an investigation, filing complaints, or requesting reasonable accommodations

When you or a loved one has experienced any of these forms of discrimination, consult a Sacramento disability rights attorney immediately.

Reasonable Accommodations and the Interactive Process

A reasonable accommodation is a change or modification to work-related procedures that makes it easier for an employee with a disability to do their job. An employer is legally required to provide reasonable accommodations to an employee with a disability unless doing so would create an undue hardship on the employer.

The employer then engages in an interactive process determining what accommodations should be provided. A few examples of reasonable accommodations for employees with disabilities include:

• Installing wheelchair ramps
• Allowing an employee to sit while working
• Allowing remote work
• Providing assisting technology
• Adjusting attendance policies to allow for medical appointments or therapies
• Reassignment to a different, vacant job

The ADA requires an interactive process for determining reasonable accommodations. The employer and employee (or company and job candidate) must collaborate to identify and implement solutions.

The interactive process requires open and honest communication about an employee’s disability-related needs and limitations. Employees must also discuss possible solutions to address these limitations and needs and provide documentation of the path toward a solution.

What Constitutes Undue Hardship for An Employer?

The only time an employer does not have to accommodate a reasonable request is when the action would cause undue hardship on the employer. A reasonable accommodation would cause an undue hardship if it would place significant expense or difficulty on the employer.

When determining whether an undue hardship would be created, factors like the nature and cost of the accommodation, the size and resources of the employer, the impact on the employer, and the type of accommodation requested are considered. Some examples of undue hardship include exorbitant financial costs, significant disruption to operations, and impact on other employees.

Contact a Sacramento Legal Professional to Discuss Disability Rights

Erkel Law, P.C. is knowledgeable about Sacramento disability rights and could help you understand your legal freedoms and options, represent you in negotiations, and pursue the compensation you deserve.

When you have experienced workplace prejudice because of a disability or sought a reasonable accommodation and were denied, contact an experienced workplace discrimination attorney. Securing a legal resolution and justice is obtainable through skilled legal representation.