As an employee, you have the right to be free from discrimination in the workplace. You also have the right to an accommodation for your disability. Refusing to engage in a discussion about a reasonable accommodation is discrimination – and it is against the law. At the Law Offices of Jeremy Pasternak, we work to protect the rights of people who face discrimination on the basis of their disabilities.
What is a Disability?
People with a “disability” are not just people who cannot work or that who are collecting benefits. Anyone who has a disease, injury, or impairment – even a minor one – has rights to be accommodated in the workplace and have their condition respected and accounted for, and even “helped along” by their employer. Even if your condition affects you infrequently, and even if it only in your past, you may be a person with a “disability” and entitled to protection under the law.
What Is A Reasonable Accommodation?
It is your employer’s duty to see what can be done to make it possible for you to keep or return to your job. The bottom line is, your employer needs to make a good faith effort to find a solution. Employers who refuse to make that effort or make it unnecessarily difficult are in violation of the law.
In some cases, a reasonable accommodation may be nothing more than allowing you to take some time off work.This is true even if you are not entitled to medical leave because you have not been with your employer long enough or because it is small. If your employer is denying you time off (or any other accommodation) because they believe you are not entitled to it, they may in fact be wrong. Many human resources professionals do not have adequate training in this area, and they often mistakenly tell employees that they are not entitled to time off or other accommodations when they really are. Just because your company’s human resources manager told you that you are not entitled to leave or another accommodation does not mean that is true. Employers get this wrong all the time.
Too often, people do not realize that their disabilities qualify them for legal protection and do not take action even though their rights have been violated. Before you decide that you do not qualify, contact a lawyer who can offer you an honest assessment and tell you whether your disability qualifies you for legal protection.
Perceived Disability Discrimination
Even if you do not have a disability, the law protects you from discrimination on the basis of perceived disability. In other words, if your employer believes you have a disability or physical or mental impairment and take negative action towards you, he or she is in violation of the law. As a San Francisco disability discrimination attorney, Jeremy Pasternak can help you understand your rights, whether you are still employed or have been fired, and even if you have resigned.
Contact The Law Offices Of Jeremy Pasternak
If your employer failed or is failing to make a reasonable accommodation for your disability or grant you leave, or has in any way restricted your ability to work or denied your rights contact attorney Jeremy Pasternak in San Francisco, California, at 415-693-0300.