California Employment Law Attorneys
Employers who have a lay view of the Americans with Disabilities Act (ADA) understand that someone in a wheel chair is disabled. However, many employers do not understand that someone with depression, cancer or a heart condition may be disabled and has specific rights under the law.
I'm San Francisco employment law attorney Stephen M. Murphy. I represent people with disabilities who have been denied leave, employment, a promotion, a reasonable accommodation or other job benefits. My clients come to me to try to right that wrong, which usually involves seeking compensation.
What Is a Disability?
California law has even stronger protections than the American with Disabilities Act (ADA). The Fair Employment and Housing Act (FEHA) protects all employees who have a condition that makes it difficult to perform a major life activity. Major life activities are defined broadly to include working. Therefore, if you have a condition that makes it difficult to work, you may be considered to have a disability.
Examples of disabilities may include a back injury, a knee injury, an illness such as cancer or a heart condition, or a mental condition such as depression. An injured employee who is fired after returning from workers' compensation leave may have a legal claim against his or her employer under FEHA.
Finding a reasonable accommodation that allows a disabled employee to work requires an interactive process between the employee and the employer. It may include granting an extended leave to the employee, allowing more frequent breaks or changing the job duties.
What Should I Do if I Experience Disability Discrimination at Work?
If your employer fires you, denies you leave, fails to accommodate your disability or takes an adverse action against you based on your disability, you may be entitled to compensation. Our lawyers offer a free initial consultation to discuss your case and explain your options.
Compensation for victims of disability discrimination: Our attorneys obtained a $1,679,001 verdict for a juvenile correctional officer who was removed from her position by the County of Lake due to her work-related physical disability and a $6.5 million verdict for a Medicare claims worker who was removed from his position by the County of Sonoma due to a mental disability.
Free Attorney Consultation
For more information about disability discrimination or to consult San Francisco disability discrimination lawyer Stephen M. Murphy, call 415-986-1338 or fill out the contact form on this website.