Category: Disability Rights

Disability Discrimination Claim Paper

Employment Discrimination in California Based on Disability Is Against the Law

Posted by Vikram Shah on
Employers are required to provide reasonable accommodation to disabled employees, unless doing so would result in undue hardship. Employees who are discriminated against based on their disability can file a lawsuit against their employer for damages. The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities in all aspects of employment. This includes hiring, firing, pay, job… Continue Reading..

Visibility at the Oscars

Posted by Vikram Shah on
For the first time ever, there was ramp leading to the stage; for the first time, there was a presenter communicating to the audience in sign language in announcing major awards! These were ways Hollywood’s big night changed to be more inclusive and provide accessibility for their honored guests. The spotlight shone down on the stage, with ramp in place… Continue Reading..

Center for Disability Access cases before the Ninth Circuit in 2020

Posted by Vikram Shah on
The Center for Disability Access, the civil rights division of the Potter Handy, LLP law firm, has argued—or will argue—a half dozen cases before the Ninth Circuit in the year 2020. Needless to say, it is a momentous year with a number of potential game-changing decisions within the world of disability civil rights.   One decision with significant ramifications was… Continue Reading..

Ride Share Discrimination

Posted by Mark Potter on with 2 Comments
They Should Be Held Accountable Transportation is essential for people of all ages and backgrounds to live a fulfilling and satisfying life. It plays a vital role in many aspects of daily life, including access to employment, education, health care, and social/recreational activities. Put simply, transportation is a requirement for full participation in a community. Despite the obvious importance, people… Continue Reading..

Service Animals

Posted by Mark Potter on with 9 Comments
Because many of our clients enjoy the benefit of having a service dog, we get wide-ranging questions about what it takes to qualify as a service dog and what rights are afforded to people with disabilities who use service dogs. Let’s clarify some of the misconceptions about service dogs. A qualified service dog is any dog: “individually trained” to “do… Continue Reading..

Employers’ Undue Hardship Defense to Providing a Reasonable Accommodation in the Workplace

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It is well known that employers are prohibited from discriminating against individuals with disabilities. The federal ADA and California Fair Housing and Employment Act (FEHA) forbid employment discrimination against an individual based on his/her physical disability, mental disability, or medical condition.  The FEHA recognizes a person as “disabled” if they have a physical or mental disability that limits[1] one or… Continue Reading..

When Does An Employer Have to Engage in the Interactive Process?

Posted by Vikram Shah on with 0 Comment
Under both the Americans with Disabilities Act (“ADA”) and the California Fair Employment and Housing Act (“FEHA”), employers are legally obligated to provide a reasonable accommodation to qualified individuals with disabilities. Before there can be any determination as to what a “reasonable accommodation” entails, there is something referred to as the “interactive process,” which must be engaged in for employers… Continue Reading..

Disability Civil Rights: It’s Just Common Sense

Posted by Mark Potter on with 2 Comments
A recent lawsuit against Starbucks demonstrates a very important point about disability civil rights: most of the time it is just common sense.   Yes, there are technical requirements for physical access under the Americans with Disabilities Act. There is, in fact, an actual building code for accessible design. But the ADA’s building code is different than any other on… Continue Reading..

Disability Discrimination in the Workplace

Posted by Vikram Shah on with 1 Comment
ARE YOU BEING TREATED DIFFERENTLY OR UNFAVORABLY IN THE WORKPLACE BECAUSE OF YOUR DISABILITY OR NEED FOR AN ACCOMMODATION?   The Americans with Disabilities Act (ADA) is a powerful federal law that protects the rights of persons with disabilities. When it comes to your employment, California offers even more protections under the Fair Housing and Employment Act (FEHA). California is… Continue Reading..

Apathy and Neglect Should Not be Given a Pass

Posted by Vikram Shah on with 6 Comments
When we hear the word “discrimination,” we often think of intentional mistreatment of persons because of some personal characteristic. The classic line, “your kind ain’t welcome here,” mumbled over a dirty toothpick springs to mind as the archetype of discriminatory lingo. And while this type of discriminatory behavior is loathsome enough, there are other types of discrimination we should be… Continue Reading..