Skip to main content

California
Disability Discrimination in Employment Lawyer

Disability should never be a reason for unfair treatment at work. But too often, employees with disabilities are denied accommodations, passed over for promotions, or wrongfully terminated. California law is clear: workers with disabilities have the right to equal treatment and reasonable accommodations in the workplace.

Attorney Michael Velarde has over a decade of experience representing employees who have been discriminated against because of a disability or medical condition. If you believe you have experienced disability discrimination at work, Mr. Velarde is here to help you fight back.

What His Clients Say

Disability Discrimination Lawsuit Services

Mr. Velarde represents California workers who’ve experienced disability discrimination in any form, from bias to blatant retaliation and termination. His goal is to hold employers accountable and make sure your rights are not just recognized, but enforced.

During Mr. Velarde’s years of experience in employment law, he has represented clients with a variety of disability discrimination cases. Here are a few examples:

  • Failure to provide reasonable accommodations
  • Wrongful termination due to disability
  • Wrongful termination due to the employee taking leave as an accommodation of a disability
  • Harassment or hostile work environment
  • Retaliation after requesting accommodations
  • Discrimination regarding promotions or demotions
  • Failure to provide medical leave for a medical condition

Understanding Disability Discrimination in California Employment Law

California has some of the strongest disability protections in the country, thanks to the Fair Employment and Housing Act (FEHA), which often offers broader coverage than federal laws like the ADA.

Under California law, a disability is broadly defined to include the following, when they limit a major life activity (which can include the ability to work):

  • Both physical and mental conditions that limit a major life activity
  • Chronic illnesses or medical conditions
  • Temporary impairments when they are significant enough to limit a major life activity

Employers are required to make reasonable accommodations for employees with disabilities unless doing so would cause “undue hardship.” Accommodations might include:

  • Modified work schedules or duties
  • Remote work or telecommuting options
  • Physical changes to the workspace, such as modified work stations
  • Extended or intermittent medical leave – This leave frequently exceeds the leave period provided under the FMLA or CFRA
  • Assistive technology

Employers must also engage in a timely, good-faith interactive process to determine what accommodations are appropriate. Ignoring or stonewalling this process is a violation of the law.

In addition, employees who are associated with a person that has a disability are also protected against discrimination based on that association. Attorney Michael Velarde has experience in this nuanced area of the law.

Mr. Velarde has seen every trick in the book that employers use to sidestep the law. He knows how to build a case to prove that an employer has crossed the line, and fight for the justice you deserve.

How Velarde & Velarde Can Help

Attorney Michael Velarde has seen the devastating impact that disability discrimination has had on his clients. He routinely takes on employers who think they’re above the law, and uses every tool at his disposal to protect workers from abuse and neglect.

Mr. Velarde does not shy away from powerful opponents. Whether you were mistreated by a large corporation or a regional business, he will stand with you and fight for the fair treatment you deserve.

Here’s how:

  • Mr. Velarde will gather the facts, review documents, and look for inconsistencies or retaliation patterns that reveal the truth behind your situation.
  • Work to build compelling, evidence-backed arguments designed to show exactly how your legal rights were violated.
  • Whether negotiating a settlement or preparing for trial, Mr. Velarde tailors his approach to your goals and your specific case.
  • Mr. Velarde will treat your case with the urgency and seriousness it deserves. You’ll get direct communication, honest advice, and an attorney that’s fully committed to helping you move forward.
Tell Me About Your Case

FAQs

What is considered disability discrimination in California workplaces?

Unfair treatment based on a physical or mental condition may constitute disability discrimination. This can include denial of accommodations, harassment, or termination.

What qualifies as a “reasonable accommodation”?

Accommodations vary, but can include modified schedules, time off, physical changes to the workplace, assistive technology, or reassignment to a different role. A reasonable accommodation will allow an employee to perform the essential duties of their current position or certain vacant alternative positions.

Does my condition have to be permanent to be protected?

No. Even temporary conditions may qualify as disabilities if they limit a major life activity. Talk to an experienced employment rights lawyer to find out if you qualify for disability protections.

What if my employer didn’t even consider my accommodation request?

Failure to engage in the interactive process is itself a legal violation. Your employer has a duty to explore reasonable solutions with you. If you feel like your employer is dragging their feet, contact an experienced employment rights lawyer as soon as possible.

Can I be fired while I’m on disability leave in California?

Generally no. Even disability leaves that exceed the period provided under the FMLA and CFRA are often protected when there is a reasonable likelihood of when the employee can return, and where it is not an undue burden on the employer. But communication with the employer is very important. Firing you may be grounds for legal action.

Contact an Experienced Disability Discrimination Lawyer Today

You shouldn’t have to choose between your health and your career. If your employer is refusing to accommodate your needs, Attorney Michael Velarde is ready to stand up for your rights as a California worker. Contact Mr. Velarde today to schedule a consultation.

Schedule Your Free Consultation