Being discriminated against at work can be a traumatizing experience. Whether you have experienced continued mistreatment or were fired by your employer on the basis of prejudice, you may be able to seek compensation for your damages. This is true if you were discriminated against for your race, skin color, cultural background, or in regards to this article, your disabilities. If you or a loved one have been discriminated against based on your disabilities, you may be able to sue your boss or employer. However, when filing a disability discrimination lawsuit against your employer, it is highly recommended that you seek legal representation from a disability harassment and discrimination lawyer that is experienced in their field. At Normandie Law Firm our Los Angeles disability discrimination lawyers can guide you through the often intimidating process of building a case, filing a claim, and reaching a satisfactory settlement for your case. If you have any questions after reading this article, please, feel free to reach out to our law offices for a free consultation from one of our many well-versed legal advisors.
Disability Discrimination
Under the American with Disabilities Act, or ADA, disabled Americans cannot be discriminated against in any area of public life. This includes schools, transportation, public spaces, and in this case, jobs. Being discriminated for a disability can include anything from general harassment to being refused or terminated from work on the basis of a disability. Fortunately, under the ADA, disabled Americans have a right to sue their employer for discrimination.
Discrimination is identified as the mistreatment of an individual based on their age, skin color, race, personal characteristics, religious background, disability, or cultural background. There are a multitude of state and federal laws that make disability discrimination illegal, and if an employer discriminates against a disabled individual, that employer is subject to the full legal consequences. While disability discrimination is illegal, there are several elements that must be present in a case in order to file a successful lawsuit. Some of the elements found in disability discrimination lawsuits are bulleted below for your reference:
- The actions of your employer must show, in some way, that they are discriminating against you based on your religion, disability, sex, race, color, or age.
- Your employer’s behavior and actions must last for an extended period. As such you cannot sue your employer for one off-handed comment. Any and all incidents where your employer abused you and bullied you should be recorded and filed with your company’s HR department.
- If your company does nothing or little to nothing to remedy the issue after repeated reports of harassment, you can move forward with legal action against your employer.
- The actions of your employer must be severe and consistent enough to disrupt your ability to fulfill the requirements of the job, by hindering your day-to-day work.
If these elements are present in your case, you have every right to sue your employer for their actions or behavior. However, it is important to note that many disability discrimination cases are settled outside of court. This is because many victims must first file a report with their company’s HR or human resources department. An HR department is put in place to resolve disputes between workers and employers before they can reach a court room. Unfortunately, HR departments don’t always have their employee’s interest in mind, and will often look out more for the company as a whole instead. For this reason, it is highly recommended that you have an experienced disability job discrimination lawyer by your side when filing a claim against a company or employer for disability discrimination. With the right lawyer that is experienced in disability discrimination, you can better negotiate with your company’s HR department and can help you file a claim against your employer for their actions.
How to File a Claim Against an Employer for Disability Discrimination
As mentioned prior, filing a claim against your employer for disability discrimination can be incredibly tricky. If you experienced disability discrimination at work and wanted to file a claim against your employer, there are multiple steps you must first follow before bringing your case to court. First and foremost, it is incredibly important that you collect suitable evidence to support your claims. Listed below are some items of evidence you could use in your case:
- Text messages between you and your employer
- Eyewitness accounts from other employees
- Phone calls between you and your employer
- Video footage detailing your employer’s actions or behavior
As you collect evidence for your case, it is crucial that you first report every instance of disability discrimination with your company’s Human Resource department. Filing reports with your HR department do several things for your case. On the one hand, it helps you document every instance of harassment and discrimination. On the other, it helps prove to a future jury that you exhausted all options for resolution before moving forward with legal actions. Often HR departments want to resolve a case before it can reach a court room and as a result many cases regarding disability discrimination end at this step in the process. However, if your HR department fails to resolve an issue, it is highly recommended that you seek legal guidance and representation from an experienced lawyer for your disability discrimination claim. With a skilled attorney by your side, you can better negotiate with your HR department, and properly follow the steps needed to bring your case forward.
Once you have exhausted all internal avenues of resolution, you may file a report with a state or federal anti-discrimination agency. These agencies are put in place to ensure the civil rights of workers in the United States and give victims of discrimination the right to sue their employers. Whether you decide to file a report with a state-run agency, or the federally run Equal Employment Opportunity Commission, you must wait for their approval before filing a claim against your employer. If they approve your case, they will send you a ‘right-to-sue’ letter, which gives you the go-ahead to bring your case to court. Often a case will be settled at this point, as many employers will find taking a case to court may cause more harm than good. However, this isn’t always the case, and you may find your case being debated in a courtroom shortly after. Once your case is approved, you will usually have a small window of time to bring your case to court. If you filed a claim with a state-run agency, you would have 300 days from the date you receive your ‘right-to-sue’ letter, to bring your case to court. If you filed a claim with the EEOC, you would have 300 days. If you do not bring your case to court in this span of time your case will more than likely be dismissed from court.
Regardless what route your disability discrimination lawsuit takes, it is highly recommended that you seek legal representation from a law firm well versed in the subject of disabled workers’ rights and experienced in disability discrimination cases. With the right lawyer by your side, you can better guarantee a satisfactory outcome to your case, and ensure you get the settlement you deserve for your damages.
How Normandie Law Firm Can Help
Being harassed, or wrongfully fired from your job on the basis of disability discrimination can be incredibly traumatizing. If you or a loved one has experienced workplace disability discrimination, you may be eligible to file a claim for monetary compensation. Victims of disability discrimination often feel trapped, and as such may be unaware of their options of resolution. With the help of a law firm experienced in fighting workplace discrimination cases, victims can receive the positive resolution that they hoped for. If you or a loved one has experienced disability discrimination at work, our attorneys at Normandie Law Firm can help you. Our well-versed workplace discrimination attorneys can guide you every step of the way from filing a report with the right anti-discrimination agency to reaching a settlement for your case in court. Victims of workplace disability discrimination can contact our law offices to learn more about how we can assist. While our employment disability discrimination law firm is based in Los Angeles, our attorneys also practice in Fresno, Bakersfield, Stockton, Tulare County, Visalia, Riverside, Corona, San Bernardino, Pomona, Fontana, Orange County, Santa Ana, Anaheim, Irvine, San Diego, and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.
