Disability Discrimination

The Los Angeles disability discrimination lawyers of Lim Law Group, P.C. protect disabled workers in the workplace. Disabled employees are protected under the Americans with Disabilities Act (ADA) and Fair Employment and Housing Act (FEHA). Under the ADA and FEHA, it is illegal for employers to discriminate against employees based on physical or mental disabilities, employers’ perceived understanding of employees’ physical or mental disabilities, or based on employees’ association with someone who is physically or mentally disabled.

Disability discrimination can often be found where an employer discharges, fails to promote, fails to hire, or in any way unfairly mistreats an employee because of a physical or mental disability, so long as that employee is able to perform his or her duties. The law also requires employers to provide and make reasonable accommodations for employees who are disabled so that they could perform their job duties. If you have been victim to an employer’s refusal to provide reasonable accommodations for your disability, or if an employer has failed to grant leave under the Family and Medical Leave Act (FMLA), failed to hire due to a disability, refused promotions due to a disability, or if you have been terminated because of your disability or for requesting reasonable accommodations, the Los Angeles disability discrimination lawyers of Lim Law Group will explain your rights and enforce them through the necessary protections afforded to you by law.

If you have been discriminated against based on your disability, the employer would need to establish that the employee was unable to perform the essential duties and functions of his or her job and that no reasonable accommodations would allow the employee to perform the job. In other circumstances, the employer needs to demonstrate that the employee would create an imminent substantial danger by performing the essential duties and functions of the job, and that no reasonable accommodations would make it any safer, or decrease the present danger.

If you are disabled and seek reasonable accommodations at the workplace, it is important to keep in mind that the employer must consider all possible reasonable accommodations before making any employment-related decision, including termination. Under California law, an accommodation is considered reasonable if it does not cause any undue hardship on the business. Such accommodations can include changing job duties or work shifts, providing medical leave, relocating work areas, or providing necessary aid. The Los Angeles disability discrimination lawyers of Lim Law Group will make the employers accountable for failure to provide reasonable accommodations.

If you have been discriminated against due to a disability, you may be entitled to damages under FEHA and other related laws. The Los Angeles disability discrimination lawyers of Lim Law Group will aggressively seek such damages, including but not limited to lost wages, emotional distress damages, reimbursement for employee’s attorneys' fees and punitive damages.

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It is imperative that you contact our office immediately if you believe you have a discrimination claim. There are strict deadlines that must be met when filing a discrimination lawsuit. For example under California law, employees must file with the Department of Fair Employment and Housing (DFEH) within one year of the discriminatory conduct. If you fail to do so, your claims may be time barred. If you believe you have fallen victim to discrimination, contact the Los Angeles disability discrimination attorneys of Lim Law Group for a free case evaluation.

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