Mental Disability Discrimination Attorney
According to the CDC 1 in 5 adults in America deal with mental disabilities in a given year, and over 50% will be diagnosed with a mental disability in their lifetime.
Mental disabilities may create additional challenges in many aspects of life, but they should never impact one’s status in the workplace.
Navruz Avloni is an experienced employment attorney dedicated to fighting against mental disability discrimination in the workplace. She has successfully represented numerous clients experiencing unlawful discrimination at work.
If you are experiencing discrimination in the workplace and looking for a mental disability discrimination lawyer, reach out to Navruz Avloni for a free consultation.Schedule A Consultation
Under California law, a mental disability is considered to be a condition that limits a major life activity. There are many recognized mental disabilities, including but not limited to addiction, anxiety, ADHD, bipolar, depression, and PTSD. Mental disability is likewise not a permanent state; it can be short-term or long term and one can become disabled or non-disabled during the course of one’s employment.
Federal and State employment laws make it unlawful for your employer to discriminate against you on the basis of your ability. The Federal Americans with Disabilities Act (ADA) prohibits disability discrimination for employers with 15 or more employees, and the California Fair Employment and Housing Act (FEHA) prohibits disability discrimination in California for employers with 5 or more employees. The ADA and the FEHA prohibit employers from discriminating against employees with disabilities in any aspect of employment, including but not limited to hiring, pay, benefits, workplace opportunities, performance reviews, physical or verbal treatment, assignments, and firing.
Disability employment law also requires employers provide employees with reasonable accommodations. A reasonable accommodation is considered a change to an employee’s work environment, work duties, or work schedule that will help them perform their job, as long as it does not cause “undue hardship” to the employer. Time off can be considered a reasonable accommodation under California law. It is unlawful and discriminatory for your employer to fail to provide you with a reasonable accommodation. If you request an accommodation, your employer must provide one or engage with you in a good-faith interactive process to attempt to provide a reasonable accommodation.
Federal and California law requires certain employers to provide disabled employees who qualify with up to 12 weeks of job-protected leave. Job-protected medical leave also covers employees who need to take leave to care for a child, spouse, partner, parent, grandparent, grandchild, or sibling dealing with a qualifying disability or medical condition. In order to qualify for job-protected leave, an employee has to have worked a minimum of 1250 hours for the employer over the past year.Contact an Attorney
The law protects employees who request reasonable accommodations. Your employer may not retaliate against you for requesting an accommodation. The law additionally protects employees who report unlawful discrimination or failure to accommodate at work. If you make a complaint of discrimination or failure to accommodate to your employer, resist discrimination or failure to accommodate in the workplace, or participate as a witness in a discrimination or failure to accommodate complaint, your employer may not treat you unfavorably as a result. If your employer has treated you differently because you reported or resisting any form of discrimination or harassment, your employer has retaliated against you and broken the law.
If you work remotely, the legal standard for proving mental disability discrimination remains the same. Although you have less face-to-face interaction with coworkers, you may experience disability-based discrimination in a remote office space.
If you have experienced discrimination at work, you may be entitled to compensation under federal and state laws. To prove your mental disability discrimination case, you must prove that you have a qualifying mental disability, have informed your employer of your mental disability, demonstrate that you are qualified for your job, and show that you have suffered discrimination due to your disability or that you have been denied your right to accommodations.
Learn more about how to prove a disability discrimination case below.Employee Disability Rights
If you believe you may be facing discrimination at work based on a mental disability, take the following steps to support your case:
Save Evidence: Record all relevant events or interactions in writing. Save related notes and documents. Additionally, you have the right to request your personnel file from your employer at any time. You may request your personnel file to review any documents you have signed and ensure that your file is complete.
Report the Discrimination: Report the discrimination or failure to accommodate directly to your employer. If your employer does not correct their behavior, you may file a complaint with the Federal Equal Employment Opportunity Commission (EEOC) or with the California Department of Fair Employment and Housing (DFEH). It is recommended you consult an attorney prior to reporting the conduct to the DFEH or the EEOC so that your complaint to these agencies does not leave out any pertinent information.
Find an Attorney: Reach out to an employment attorney. Navruz Avloni is an employment attorney dedicated to fighting for your rights in the workplace. Click here to schedule a free consultation with Navruz Avloni.
Navruz Avloni is an experienced employment attorney dedicated to fighting against mental disability discrimination in the workplace. She has successfully represented numerous clients experiencing unlawful discrimination at work. If you are experiencing discrimination in the workplace and looking for a mental disability discrimination lawyer, reach out to Navruz Avloni for a free consultation.Contact Us