DISABILITY DISCRIMINATION

California has a clear public policy against disability discrimination. California Government Code §12940 states:

It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California for an employer, because of the…physical disability, mental disability, medical condition,… to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.

Physical Disability Discrimination

Under California Government Code 12926(m) “Physical disability” includes, BUT IS NOT LIMITED TO, any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that (1) affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine and (2) Limits a major life activity. The statute goes on to define “limits” and “Major life activities.” In general, the anti-discrimination statutes are interpreted broadly so if you believe you have been the subject of discrimination you should talk with an attorney.

Mental Disability Discrimination

Similar to the definition of Physical Disability, under California Government Code 12926(j), “Mental disability” includes BUT IS NOT LIMITED TO, any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity.

Medical Condition Discrimination

Similar to the other definitions on this page, under California Government Code 12926(i) “Medical Condition” means either (1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer or (2) Genetic characteristics.

If you believe that you are a victim of disability discrimination, or if you believe that your Company is about to get sued for disability discrimination, you need to act quickly.

Please take advantage of our FREE online case submission or call us today to start a conversation.

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CASE STUDIES

Represented Complainant, on five days notice, at EEOC Mediation against former employer, a very large privately held software company.

RESULT

Settled at near 6 figures

TIME TO RESOLUTION

Five days!

HOW WAS CASE RESOLVED?

EEOC Mediation

Represented Plaintiff, a Senior executive with an excellent ten year employment record with his employer who was allegedly fired less than two weeks after he was discharged from the hospital due to a medical condition.

RESULT

Settled in low 6 figures

TIME TO RESOLUTION

18 months

HOW WAS CASE RESOLVED?

Attorney to Attorney negotiation during litigation

Represented the director of global security of a Fortune 500 Company terminated shortly after being released from the hospital for treatment of his heart condition.

RESULT

Settled low 6 figures

TIME TO RESOLUTION

10 months

HOW WAS CASE RESOLVED?

Settled during litigation via 3rd party mediation

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