If you have been discriminated against in the workplace because of a disability, we understand that you are going through a painful and emotional time. There are both state and federal laws in place to protect employees from this type of discrimination. Employers that engage in or allow this behavior must be held accountable.
Succeeding on a disability discrimination claim takes a lot of evidence, and it requires following the proper legal procedures. If you have been the victim of discrimination because of a disability, you need an experienced discrimination lawyer in Oxnard who knows how to navigate these complex legal waters. The team at Gutierrez Law Firm has the experience you need on your side. Contact us today by calling (213) 460-8380 for a free consultation.
Why Hire Gutierrez Law Firm?
Dealing with discrimination in the workplace can be frightening and upsetting. No one should have to deal with this type of behavior when they are just trying to go to work and do their job. Gutierrez Law Firm can help hold your employer accountable and get you the compensation you are legally entitled to.
When you hire our firm, you will get caring and personalized representation. You will never be just another case number in our office, and you will always get the personal attention you deserve from a managing disability discrimination attorney in Oxnard. With a proven track record of success, we can put our experience to work for you and help you get justice. Give us a call today to learn how we can help.
What Is Disability Discrimination In The Workplace In Oxnard?
In short, disability discrimination occurs when your employer treats you differently because of your disability. This includes both physical and mental disabilities. Some examples of the type of behavior that could be considered discrimination include:
- Singling out an employee because of their disability
- Failing to provide reasonable accommodations that allow you to perform your job
- Wrongfully terminating an employee because of a disability
- Paying an employee with a disability less than others who perform the same job
If you have experienced any of these situations, you may have a claim for disability discrimination. Remember that there are strict time limits for filing an Oxnard disability discrimination claim, so seeking help quickly is crucial. These claims typically must start by filing an action with the EEOC, and an experienced attorney can help you through the process of filing your action.
What Parts Of The Employment Process Are Covered in Oxnard?
The law protects employees with disabilities during all parts of the employment process. From the initial application until the employment ends, protection is provided. Some common aspects of the employment process where discrimination can occur include:
- Hiring
- Terminating
- Pay
- Training
- Job Assignments
Discrimination can even occur when it comes to benefits. For example, if you were not provided the same benefits as other employees, you could have an Oxnard disability discrimination claim.
What Types of Recoverable Damages Can I Receive from a Disability Discrimination Case?
Numerous factors play a role in the types of damages available to you in a disability discrimination case. Specifically, the law allows you to claim losses you can document and prove. Then, you need to apply a value to those losses. When you work with our Oxnard disability discrimination attorney, you’ll have a very specific understanding of what your losses are and what you can legally recover.
You may be owed compensation for missing time at work. You may be able to claim loss of benefits. In some situations, it may also be possible to pursue legal action against losses related to emotional distress you felt as a result of your termination.
The amount of money received is also dependent on the:
- Severity of the behavior
- The timing of when it occurred in relation to your time with that company
- Emotional losses you suffered as a result
How Long Do I Have to File a Disability Discrimination Claim in California?
The California Statute of Limitations provides individuals with two to three years to file a claim for wrongful termination. This is dependent on the reason why you lost your job.
How Long Do I Have to File a Disability Discrimination Claim in California?
The California Statute of Limitations provides individuals with two to three years to file a claim for wrongful termination if they lose their job related to their disability. This is dependent on the reason why you lost your job. Here are some examples:
- Breach of implied contract: In situations of an unwritten agreement, in which the employer fires the employee in violation of such an agreement’s termination, there is a two-year statute of limitations.
- Violations of public policy: These violations may include refusing to break the law or exercising your legal rights. These types of cases have a two-year statute of limitations
- Employer retaliation matters, which violate California’s Fair Employment and Housing Act, have a three-year statute of limitations applicable to filing an administrative claim. 4A violation of the wage and hour laws, such as minimum wage violations, overtime payment withheld, or unpaid bonuses earned, has a three-year statute of limitations application.
- In cases of discrimination related to harassment, such as those cases related to gender, race, religion, or sexual orientation, among others, you have a year to file a lawsuit in civil court, but that is after you file an administrative complaint.
The complexities of this situation make it critical that you understand your specific legal situation and work with an Oxnard disability discrimination attorney.
Can An Employer Retaliate Against Me for Filing a Disability Discrimination Complaint?
No, retaliation is a form of harassment. Under Equal Employment Opportunity Commission rules, it is unlawful for an employer to retaliate against an applicant or an employee who takes action against them. Some examples of this may include:
- Filing or being a witness to an EEOC charge
- Filing a claim that leads to an investigation
- Filing a lawsuit against the employer
- Losing a job for filing a complaint related to disability accommodations or needs
- Threatening to make reports
- Increased scrutiny after filing a complaint
- Transferring the employee to a position considered less desirable
In any of these cases, the burden of proof is on the shoulders of the employee. For that reason, it is critical that you work with our legal team to pursue full and fair compensation in your case. Reach out to us now for a free consultation to discuss what happened to you at length.
Talk To An Oxnard Disability Discrimination Lawyer Today
If you have been discriminated against in the workplace because of your disability, you need the help of an experienced Oxnard disability discrimination attorney. Let the Oxnard employment law attorneys at Gutierrez Law Firm go to work for you. We will fight aggressively to get you the justice and compensation you deserve. Call us now for your free consultation.