San Francisco Disability Discrimination Lawyer
Experiencing Disability Discrimination in the Workplace?
At Nichols Kaster, PLLP, we are committed to fighting for the rights of employees who have been subjected to disability discrimination in the workplace. Our experienced team of San Francisco disability discrimination lawyers understand the complexities of employment law and are dedicated to protecting your rights.
Understanding Disability Discrimination
Workplace disability discrimination occurs when an employer treats an employee or job applicant with a disability unfairly or unfavorably because of their disability. This type of discrimination is illegal in many countries, including the United States, and is protected under various federal and state laws, such as the Americans with Disabilities Act (ADA) and California's Fair Employment and Housing Act (FEHA). The goal of these laws is to ensure that individuals with disabilities have equal opportunities and protections in employment.
Common forms of disability discrimination in the workplace include:
- Failure to Provide Reasonable Accommodations: Employers are required to provide reasonable accommodations to enable employees with disabilities to perform their job duties effectively. These accommodations might include modifications to workspaces, flexible schedules, assistive technology, or reassignment to a vacant position. Failure to provide such accommodations can constitute discrimination.
- Harassment: Harassment based on an individual's disability is a form of discrimination. It can include offensive comments, jokes, slurs, or any behavior that creates a hostile or intimidating work environment for the person with a disability.
- Wrongful Termination: When an employer fires or terminates an employee solely because of their disability, it is considered wrongful termination and a violation of anti-discrimination laws. Employers must base termination decisions on an employee's performance and qualifications, not on their disability.
- Unequal Treatment: Treating employees with disabilities less favorably than those without disabilities is another common form of discrimination. This can involve denying promotions, training opportunities, or job assignments based on an individual's disability.
- Retaliation: Employees who assert their rights under disability discrimination laws (e.g., by requesting accommodations or filing complaints) should not face retaliation. Retaliation can take many forms, including demotions, unfavorable work assignments, or termination.
- Application and Hiring Discrimination: Discrimination can occur during the hiring process when employers refuse to hire qualified candidates because of their disability. This may involve prejudiced attitudes or stereotypes about what individuals with disabilities can or cannot do.
- Inaccessible Facilities: Employers are generally required to make their facilities accessible to employees with disabilities. Failure to do so can hinder an individual's ability to perform their job and may be considered discrimination.
- Denial of Benefits: Employees with disabilities are entitled to the same employment benefits as other employees, including health insurance, retirement plans, and paid leave. Denying these benefits based on disability status is discriminatory.
- Segregation: Employers should not isolate employees with disabilities from their colleagues or treat them differently because of their disability. This includes isolating them from team activities, meetings, or social events.
- Failure to Engage in the Interactive Process: When an employee requests a reasonable accommodation, employers are required to engage in an interactive process to determine appropriate accommodations. Failing to engage in this process or dismissing accommodation requests without consideration can constitute discrimination.
The Nichols Kaster Difference
Experience and Expertise
Our team of seasoned attorneys at Nichols Kaster, PLLP has a strong track record of successfully representing clients in disability discrimination cases. We possess a deep understanding of state and federal laws that protect individuals with disabilities, including the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). With our extensive experience, we know the intricacies of these laws and how to leverage them to your advantage.
We recognize that each disability discrimination case is unique. That's why we take a personalized approach to each client's situation. Our attorneys will work closely with you to understand your specific circumstances, challenges, and goals. We believe that strong attorney-client communication is the foundation for achieving positive outcomes.
Strong Legal Advocacy
When you choose Nichols Kaster, PLLP as your San Francisco disability discrimination lawyer, you can count on strong legal advocacy. We will fight vigorously on your behalf to hold the responsible parties accountable for their discriminatory actions. Our goal is to secure the compensation and justice you deserve.
We are results-driven and committed to helping you obtain the best possible outcome for your case. Our lawyers have a proven track record of securing favorable settlements and verdicts in disability discrimination cases. We are not afraid to take your case to court if necessary, and we have the litigation skills and experience to do so effectively.
Nichols Kaster provides experienced representation for individuals who have faced workplace discrimination on account of their disabilities. Our track record includes numerous successful verdicts and settlements for our clients.
If you believe that you have been discriminated against due to your disability by an employer or potential employer in San Francisco area or elsewhere , don't hesitate—reach out today.