We Protect Workers

Protecting The Rights Of The Pregnant and Disabled

Federal law protects employees who have a disability, a medical condition or a pregnancy from discrimination under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). In California, we have a separate category of discrimination that is called “medical condition discrimination.”

Employers often don’t understand that the law covers mental disabilities such as depression; that medical conditions can be temporary or permanent, and that diabetes and cancer are covered medical conditions.

Some of the mistakes employers routinely make when failing to provide a reasonable accommodation include:

  • Failing to give the employee reasonable time off for doctor appointments or medical or rehabilitation treatment
  • Failing to make reasonable adjustments to working conditions or work hours
  • Failing to make reasonable modifications to a work station to allow the employee to do the work

The keyword in all of these is “reasonable.”

If you have a medical condition, are pregnant or are on maternity leave, and you need legal advice on your rights under state and federal employment law, employment attorney David P. Strauss can help. Contact our San Diego law office for a free initial consultation. We provide legal advice and courtroom representation if an employer will not make reasonable and required accommodations.

Balancing The Needs Of Employees And Employers

While employees have many protections under the law, not every employer will be able to make all the accommodations that any given employee may need. The law allows for exceptions based upon the nature of the job and the size of the employer.

The disability discrimination statutes have a strong preference for employers and employees to work things out without going to court. The employee will need to first make every effort to work within the company to seek a reasonable accommodation. Very often your needs can be met and you will not need to go to court.

We can help while you are still employed and in such a manner so as to preserve your employment. We can advise you on how to engage your employer in negotiations. We can advise you of your employer’s legal obligations. If your employer refuses to work with you or to live up to its responsibility, we can file a lawsuit.

To learn if you have a valid disability discrimination claim, talk with an experienced employment lawyer who can explain how the law applies in your case. Contact The Law Office of David P. Strauss.