At DuRard, McKenna & Borg in San Mateo, California, we represent injured workers throughout the San Francisco Bay Area in workers’ compensation cases which often involve related civil matters, including disability discrimination claims.
The California Fair Employment and Housing Act (FEHA) and federal Americans with Disabilities Act (ADA) protect workers from being discriminated against in the terms and conditions of their employment because of a physical or mental disability. Issues of disability discrimination arising under FEHA and the ADA often overlap with work-related injury claims arising under the workers’ compensation system.
California employers with five or more employees must make reasonable accommodations for employees or applicants with disabilities. If you are an employee or applicant who needs accommodations, you must generally request them from your supervisor, a human resources employee, or any other designated managerial employee. In some cases, however, your supervisor may observe behavior or be aware of a work-related injury that puts him or her on notice that you may need accommodations, and ignoring this information can constitute discrimination.
When you request accommodations, your employer must engage in “a timely, good faith, interactive process to determine effective reasonable accommodations” which will allow you to perform your essential job functions. Examples of reasonable accommodations include:
If you are temporarily or permanently disabled because of a workplace injury or illness, your employer may be required to make reasonable accommodations to allow you to return to work. For example:
If you are temporarily or permanently disabled by a work-related injury or illness, or are otherwise disabled, you have rights under state and federal anti-discrimination laws as well as under the workers compensation laws. Our lawyers have significant experience handling workers compensation cases with related employment disability discrimination claims, and can help protect you from job loss or job discrimination. Two of our lawyers speak Spanish and Arabic, allowing us to serve the legal needs of the diverse San Francisco Bay Area community. We offer free initial consultations, as well as take cases on a contingency fee basis, meaning you pay no legal fees unless we successfully help you recover. Call us today at (650) 425-3278.