Leadership in the workplace, whether that is an employer or simply a supervisor, should be intentional in providing encouragement, support, and resources their workers need to be successful at work. Ideally, your workplace should be somewhere employees can grow and reach their full potential. However, that is not always the case.
In some workplaces, employees are mistreated by their supervisors or employers. The mistreatment could come in the form of unfair or inadequate wages, retaliation, threats of job loss, unsafe conditions, and more. This mistreatment may not always be intentional, but it always needs to be addressed.
Discrimination is a common form of mistreatment in the workplace, particularly disability discrimination. If you believe you or a loved one have been a victim of disability discrimination in the workplace, the Los Angeles discrimination attorneys at Park APC Lawyers are here to help.
Many people face the reality of prejudice and discrimination in their daily life. They may be mistreated or ostracized because of their religion, race, ethnicity, or another protected status. Dealing with this type of mistreatment regularly can be extremely upsetting and disheartening when there is no cause for it. There are multiple characteristics, including age, race, religion, and disability status, that are legally protected. This means prejudice becomes illegal when it contributes to an individual being discriminated against or mistreated.
Prejudice is a deep-seated dislike or hatred for a particular group of people. Those negative feelings are taken a step further when the dislike turns into discrimination. The definition of discrimination is the prejudicial or harmful treatment of a person because of some aspect of their life that they often have minimal control over. This would include aspects such as religion, gender, race, disability, age, or ethnicity.
Discrimination can come in many forms, especially in the workplace. A worker who is being discriminated against could deal with lost wages, demotion, threats, belittling from supervisors or coworkers, retaliation, and a variety of other difficulties. There are some circumstances where discrimination is not intentional or malicious but is simply a result of poor workplace policies. This type of discrimination is referred to as disparate impact discrimination. While that form of discrimination is harmful, it is not as dangerous as disparate treatment discrimination.
Unwise policy decisions often have the unintentional side effect of disparate impact discrimination, but there is no malice behind it. The other type of discrimination, disparate treatment discrimination, is often done intentionally to cause harm or distress to an individual. Someone who knowingly makes life or work more difficult for a person or group they are prejudiced against is actively participating in disparate treatment discrimination.
This type of treatment is clear in the workplace when supervisors or employers treat employees with a protected status notably different from their coworkers. Proving that your employers or supervisors have actively discriminated against you because of a protected status, such as a disability, is an essential part of a successful discrimination claim. The first step in proving the mistreatment is being able to recognize it. The next step is working with an accomplished Los Angeles discrimination lawyer who will argue your case.
Disparate treatment discrimination can appear in the workplace in several different ways. Intentionally harmful actions or the lack of action to protect an employee because of their protected status could easily be considered discrimination.
Common workplace treatments that may count as discrimination include:
Unfortunately, these types of discrimination are common for many individuals with disabilities. There are laws in place, however, that were created to protect those with disabilities from discrimination.
Over the years, various laws have been established to protect employees with disabilities in the workplace. If you are facing workplace discrimination due to a disability, then the issue should be handled in a timely manner. Laws were created at both the state and federal levels for workers with disabilities.
At the federal level, the Americans with Disabilities Act (ADA) was created to prevent discrimination against those with disabilities. This law covers the treatment of individuals with disabilities at work, in public spaces, in telecommunication, in government services, and in transportation. Other federal laws pertaining to employment for those with disabilities include the Civil Service Reform Act, the Workforce Innovation and Opportunity Act, the Vietnam Era Veterans’ Readjustment Assistance Act, and the Rehabilitation Act. Each of these laws set out specific guidelines for how employees with disabilities should be treated and accommodated in the workplace.
In addition to federal laws, California has also established several statutes that provide additional protection for employees with disabilities. The primary law in California is the Fair Employment and Housing Act, which is similar to the ADA. Other state laws, including the Unruh Civil Rights Act and the Disabled Persons Act, provide additional legal protection for employees with disabilities. If you believe that you or a loved one have been the victim of workplace discrimination as the result of a disability, an experienced Los Angeles employment attorney can help you file a claim.
If you choose to file a claim for disability discrimination against an employer or supervisor, one of the more difficult steps in the process will be providing proof that the discrimination took place. Employers are allowed to provide any sort of justification for actions seen as discrimination, and they may be able to explain it away. The most effective way to prove disability discrimination is to provide a reason to doubt the employer’s explanation.
When you file a discrimination claim against an employer, you are making the argument that their discrimination caused you some kind of damage. You believe you have suffered a loss that can be measured, and you deserve compensation for it.
Types of damages you could claim include:
When you receive a settlement for a disability discrimination claim, the primary aim is to ensure you are no longer held back because of the discrimination. The specific amount of a settlement will vary depending on factors such as what type of discrimination you faced and how serious it was. An accomplished employment attorney can help you navigate the legal process and complete your claim.
Many employees are afraid to report discrimination for fear of losing their income due to the legal battle. When those circumstances arise, the guidance of the disability discrimination attorneys at Park APC Lawyers can be invaluable. There are several key ways we can help:
Everyone should be treated fairly and respectfully in their workplace, regardless of any disabilities. Unfortunately, some employers discriminate against employees with disabilities. If you have faced discrimination at work due to a disability, then you may be entitled to compensation. The team at Park APC Lawyers is ready to walk with you through the claim process and fight to ensure you receive the settlement you deserve. Contact our team today for any disability discrimination needs.