Disability discrimination is unlawful under both state and federal law. The law protects qualified individual with a disability, and prohibits an employer from treating a qualified individual differently or unfavorably because of that disability.

Disability discrimination also occurs if the employee has a history of a disability (such as a prior physical or mental injury or illness) or because they are perceived as having a physical or mental impairment. Sometimes disability discrimination is obvious, such as when a supervisor makes inappropriate comments about the employee’s physical or mental health, or when an employer fails to make accommodations for a disability. Other times, disability discrimination is less overt, such as when an employee is passed up for promotion but was actually more qualified than a non-disabled employee.

Being faced with a disability discrimination lawsuit can be both confusing and challenging. Compliance with the ADA and the FEHA is critical to protect your business. California law favors disabled employees and how employers accommodate disabled employees is frequently a trap for the unwary. Sometimes, an error by management leads to a claim. An employee may not be satisfied with the accommodations offered by the employer. Sometimes, an employer believes it has done all it can to assist a disabled employee to thrive within the workplace, but is still served with a complaint. If you are an employer who has been accused of engaging in disability discrimination, WPGCH can help. We can help you navigate the complex rules of accommodations, or, if a charge of discrimination or lawsuit has already been filed, we can help aggressively defend your business or organization. Contact us today.