Disability discrimination in the workplace is a serious issue that affects many employees across Southern California. If you believe your employer has discriminated against you due to a disability, it’s important to understand your rights and the steps you can take to file a claim. This guide will walk you through the process of filing a disability discrimination claim, helping you protect your rights and seek justice.
Understanding Disability Discrimination
Disability discrimination occurs when an employer treats an employee unfavorably due to a physical or mental impairment. This can include being denied a promotion, wrongfully terminated, harassed, or refused reasonable accommodations. It’s important to note that disability discrimination can be both direct (e.g., being fired because of your disability) and indirect (e.g., being excluded from opportunities because of workplace policies).
Step 1: Know Your Rights Under the Law
Before filing a claim, it’s important to familiarize yourself with the laws that protect you as an employee with a disability. Under the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA), employees are protected from discrimination based on disability. These laws require employers to provide reasonable accommodations and prohibit discrimination in hiring, promotions, and other employment-related decisions.
- ADA: Applies to employers with 15 or more employees.
- FEHA: Applies to employers with five or more employees.
Step 2: Document the Discrimination
To build a strong case, it’s essential to keep detailed records of the discrimination you’ve experienced. This includes:
- Dates and descriptions of incidents.
- Names of individuals involved.
- Copies of emails, texts, or other communications.
- Any witnesses to the events.
Having thorough documentation will help support your claim and provide evidence of the discrimination.
Step 3: Report the Issue to Your Employer
Before filing a formal claim, you should attempt to resolve the issue internally by reporting the discrimination to your employer or human resources (HR) department. Many companies have internal procedures for handling discrimination complaints, and resolving the issue at this level can sometimes lead to a quicker resolution.
When reporting, provide as much detail as possible and follow your employer’s complaint procedures. Make sure to document any communications with HR or management during this process.
Step 4: File a Complaint with the EEOC or DFEH
If internal efforts do not resolve the issue, or if you feel uncomfortable reporting it to your employer, you can file a formal discrimination complaint with either the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
- EEOC: You have 180 days from the date of the discrimination to file a complaint, but this may extend to 300 days if state law also applies.
- DFEH: You must file your complaint within three years of the discriminatory act.
Once you file your complaint, the agency will investigate the issue, and in some cases, they may attempt to mediate between you and your employer.
Step 5: Seek Legal Assistance
Filing a disability discrimination claim can be a complex and lengthy process. It’s important to consult with an experienced employment law attorney to ensure your rights are fully protected. PLBH can guide you through every step, helping you navigate legal procedures and negotiate with your employer on your behalf.
A lawyer can also help determine if a lawsuit is the best course of action and assist in filing the necessary legal paperwork.
Step 6: Consider Filing a Lawsuit
If the EEOC or DFEH cannot resolve the case or if you receive a “Right to Sue” letter, you may be able to file a lawsuit against your employer. This step is often taken when mediation fails or if the discrimination has caused significant harm. Filing a lawsuit requires careful preparation, and your attorney will work with you to ensure all deadlines and requirements are met.
Protect Your Rights
Filing a disability discrimination claim can be challenging, but you don’t have to go through it alone. Whether you are navigating internal complaints or considering a lawsuit, PLBH is here to help. Contact us today at (800) 435-7542 to discuss your case and take the first step toward justice.
By understanding your rights and following the proper steps, you can fight back against workplace discrimination and protect your future.