The ADA, also known as the Americans with Disabilities Act, provides protections for employees with disabilities, making it unlawful to discriminate against employees solely because of a disability. The ADA is a federal law, while the California Fair Employment and Housing Act is a state law that also protects employees from discrimination in the workplace. Please continue reading and reach out to a seasoned Los Angeles disability discrimination lawyer from RD Law Group to learn more about the rights afforded to employees under these Acts and how our legal team can help if you believe your rights have been violated. Here are some of the questions you may have:
What rights are afforded to employees under the ADA & CFEHA?
Under the Americans with Disabilities Act, employees are afforded a wide range of rights, including the following:
- The right not to be discriminated against during the hiring process, i.e. not hired due to a disability
- The right to be afforded certain “reasonable accommodations” in the workplace
- The right not to be fired or demoted due to a disability
- The right not to be harassed due to a disability
Overall, the CFEA affords employees many of the same rights, albeit in slightly different terms, however, if an employee believes they have been discriminated against due to their disability in any way, they likely have grounds to file a discrimination claim against their employer.
Where do I file a disability discrimination claim?
The entity you will file your disability claim with depends on whether you’re filing under the ADA or the CFEHA. If you’re filing under the federal ADA, you will file your claim with the Equal Employment Opportunity Commission, also known as the EEOC. If you’re filing under the CFEHA, you will file your claim with the California Department of Fair Employment and Housing.
How long will I have to file a disability discrimination claim in California?
To file a claim with the EEOC, you must do so within 180 days of the date the act of discrimination occurred. To file a claim with the CDFEH, you must do so within three years of the date the act of discrimination occurred. Though three years may seem like a lot of time, the truth is, the sooner you file your claim, the better off you will be.
RD Law Group stands ready to listen to your story, and, from there, fight for the justice you deserve. Contact us today so we can get started working on your case.
