Even though there are laws against it, disability discrimination still occurs in the workplace. If you have been the victim of this type of discrimination, you are likely feeling upset and maybe even angry. The Garden Grove disability discrimination attorneys from Gutierrez Law Firm are here to help during this difficult and emotional time.
Disability discrimination cases can be difficult to prove, and you need an experienced disability discrimination lawyer in Garden Grove who knows how to uncover the evidence necessary to prove your case. Employers need to be held accountable for their actions, and we can help you do just that. Give us a call today for a free consultation.
Why Choose Our Garden Grove Disability Discrimination Lawyers?
When it comes to disability discrimination claims, experience matters. The founding Garden Grove discrimination attorney at Gutierrez Law Firm has devoted her entire career to protecting the rights of employees in the workplace. With over 16 years of experience, she knows what it takes to prove and win these cases. Contact us today to let us put our experience to work for you.
We also understand that you deserve personalized attention from your attorney, especially in these types of situations. At our firm, you will always get personalized service. We provide compassionate and client-oriented representation, and we know how to get results. Schedule your free consultation today to let our discrimination attorneys in Garden Grove get started on your case.
Garden Grove Disability Discrimination Overview
Disability discrimination in the workplace occurs whenever an employee is treated differently because of their disability. This treatment can occur during any phase of employment. Some common phases of employment where disability discrimination may occur include:
- Hiring
- Pay raises
- Job assignments
- Promotions
- Layoffs
- Termination
For example, paying someone with a disability less than other employees who perform the same job is likely discrimination. Similarly, refusing to promote an employee because of a disability can give rise to a disability discrimination claim. In cases where discrimination leads to wrongful termination, wrongful termination attorneys in Garden Grove can help employees seek justice and compensation.
Examples Of Disability Discrimination
Disability discrimination is not always loud or obvious. You may have asked for a small adjustment at work and been ignored. Maybe you were fired shortly after disclosing your condition, or your hours were cut when you returned from medical leave.
Some employees are denied promotions, excluded from meetings, or pulled from projects they used to lead. These experiences can feel isolating, especially when no one else around you seems to notice the shift. Here are some real examples of what disability discrimination might look like:
- Being fired after disclosing a medical condition
- Denied a promotion despite strong performance reviews
- Assigned to lower-paying or less visible roles
- Refused time off for doctor appointments or treatment
- Forced to use vacation time instead of approved medical leave
- Ignored after requesting a reasonable accommodation
- Excluded from meetings or work-related events
- Criticized for using assistive devices or needing breaks
- Written up for minor issues following a diagnosis
- Pressured to quit or retire early due to a disability
Even smaller patterns can point to discrimination. If you have been left out, singled out, or treated differently since sharing your health needs, that treatment may be part of a larger problem. You deserve to work in an environment where your needs are respected and your contributions are valued. Our firm can help you sort through your experience and figure out whether what happened crosses the line.
Steps You Should Take After Experiencing Disability Discrimination
Taking action after workplace discrimination can feel intimidating, but small steps now can make a big difference later. You do not need to have everything figured out, but even something as simple as saving an email can help protect your rights. Here are several practical steps you can take to start building your case.
Gather Evidence And Keep Records
Start by documenting what happened and when it happened. Save emails, texts, performance reviews, and any other communication that shows a shift in treatment after disclosing your disability. If someone made a comment or decision that felt unfair, write it down with the date and as much detail as you remember. These records help show patterns and can support your case if you choose to move forward.
Report Internally And Seek Legal Guidance Early
Let someone in your company know what is going on, whether that is the human resources (HR) department or a direct supervisor. Making a report puts your concerns on record and shows that you took the issue seriously.
At the same time, speaking with a lawyer early can help you avoid mistakes and protect your rights. You should not have to wait until things get worse to ask for support. Our firm is here to guide you from the very beginning.
What Types of Recoverable Damages Can I Receive From a Disability Discrimination Case?
The damages available in a disability discrimination case are specific to your circumstances. Our team will work closely with you to quantify the impact of discrimination on your life. An Oxnard discrimination attorney with our firm will thoroughly evaluate your damages, which may include:
- Lost wages: Wage compensation begins on the day of demotion or being passed up for a promotion, change in pay rate, or final working day until a settlement or verdict is reached.
- Lost benefits: Employee benefits may encompass pay for sick, vacation, and holiday time off, as well as contributions to employment savings plans.
- Front pay: These wages cover the loss of future employment when attaining a position that pays a similar wage or more is impossible. Examining the type of work you perform, your age, and the length of your employment can impact these damages.
- Noneconomic damages: The emotional distress of disability discrimination is impactful, and accounting for the costs to you is vital to your recovery and receiving help for your pain and suffering.
- Out-of-pocket costs: Any cost to you due to discrimination may be owed to you. Costs may accrue from mental health care, job search, and other care.
- Punitive damages: These damages serve to deter other acts of disability discrimination and may be awarded by a jury when an employer acts willfully to cause harm.
- Reinstatement: The court may allow you to return to your job or a position before a demotion. However, rehiring or reinstatement is often an undesirable option.
- Policy changes and training: A court may require an employer to address discriminatory practices that impact employees with disabilities, creating a better work environment for others.
- Court costs and attorney fees: Our firm works on a contingency fee basis, so you pay nothing unless we secure compensation for you. However, a judge may order an employer to pay those costs when it is proven that the employer’s behavior is discriminatory.
Other damages may apply to a disability discrimination case in California. Our California employment law firm goes the distance to seek the compensation you deserve.
How Do I File a Disability Discrimination Claim in Garden Grove?
There are specific rules and procedures that must be followed when filing a disability discrimination claim. Failure to follow these rules can result in your claim being dismissed. These types of claims usually start by filing a complaint with the EEOC. This must generally be done within 180 days of the discriminatory conduct occurring.
The EEOC complaint requires a lot of evidence, and they will issue a “Notice of Right to Sue” if they find that your claim has merit. At that time, you may file a lawsuit in federal court against your employer. An experienced Garden Grove disability discrimination attorney from Gutierrez Law Firm can help you through the process and help ensure your legal rights are protected.
How To Prove A Disability Discrimination Claim In California
Proving discrimination does not require a perfect record. What matters most is showing a pattern of behavior and connecting it to how you were treated after disclosing your disability. California law gives you the tools to do that, and there are two main areas that help build a strong claim.
Establishing You Have A Qualifying Disability
The California Fair Employment and Housing Act (FEHA) defines disability broadly, covering both physical and mental health conditions that limit a major life activity. You do not have to be permanently disabled or visibly impaired to qualify. Medical documentation, treatment history, or even a note from your doctor can help show that your condition qualifies under the law.
Proving Discriminatory Conduct Or Retaliation
After your employer becomes aware of your disability or accommodation request, any sudden shift in how you are treated can support your claim. This can include reduced hours, negative evaluations, skipped promotions, or being pushed out of your role altogether.
How Long Do I Have to File a Disability Discrimination Claim in California?
Time limits to file a claim for disability discrimination in California depend on the type of action against you and the applicable laws. State and federal laws are in place to protect individuals with disabilities and to combat discrimination. These complexities make it imperative to contact an Oxnard disability discrimination lawyer to discuss your claim.
Filing a charge with the Equal Employment Opportunity Commission (EEOC) must occur within 180 days or 300 days when state or local laws prohibit discrimination on the same basis.
California’s Fair Employment and Housing Act (FEHA) offers more expansive protections and applies to employers of five or more employees. Filing a complaint with the California Civil Rights Department (CRD) must occur within three years of the last discriminatory action. You may also request a Right-to-Sue Notice after filing a complaint.
Whether a governmental agency investigates your case before filing a lawsuit or a request for the immediate Right-to-Sue Notice is submitted, an Oxnard disability discrimination attorney with our firm will strive to ensure you meet time limits for filing a claim when you reach out as soon as possible. We are ready to assist with the complaint process from beginning to resolution.
Reach Out To Our Garden Grove Disability Discrimination Attorneys Today
If you believe you have been the victim of disability discrimination in the workplace, contact Gutierrez Law Firm today. Our caring and compassionate team will listen to your story and help you understand your options. Our Garden Grove disability discrimination attorneys have helped hundreds of other clients get justice, and we are here to help you too. Contact us by giving us a call today at (213) 460-8380 to let us get started helping you.