Family Responsibilities and Disability Discrimination

Attorneys for Employees Subjected of Disability or Family Responsibilities Discrimination

Outten & Golden's lawyers have decades of experience in representing employees who have disabilities and need reasonable accommodations in the workplace as well as employees who need to take leaves of absences because of pregnancy, medical conditions, or caregiving responsibilities. Whether demonstrating that individuals with disabilities are able to work or that young mothers can be both good parents and good employees – we fight for your rights in the workplace.

Leadership

  Allegra Fishel        Ossai Miazad

Focus

We are dedicated to fighting all forms of discrimination and retaliation against people with disabilities, pregnant women, and employees who take family, medical, or other leaves of absence. We have successfully negotiated, mediated, and litigated much family responsibility, disability discrimination, and retaliation matters involving:

• Reasonable accommodations in the workplace for workers with disabilities
• Family, medical, Military and other leaves of absence
• Pregnancy, motherhood and parental discrimination
• Disability discrimination
• Sterotyping

Disability Discrimination

We believe that a person with a disability should be judged based on what they can do and not based on perceptions about what they can not do. Nevertheless, Disability discrimination laws can be difficult to navigate. Our lawyers are experienced with the complex issues surrounding whether you have a disability, whether you are entitled to an accommodation for your disability and, if so, what accommodations, and whether you are qualified to do the job. Also, we have experience with proving that employers are discriminating against the employee based on myths, fears and stereotypes about their disabilities. Whether negotiating in a boardroom or litigating in a courtroom, we fight for our clients with disabilities.

Advising Clients About Their Rights Under The ADA

The Americans with Disabilities Act of 1990 (“ADA”) is landmark legislation that protects employees from discrimination on the basis of a disability or perceived disability. The law requires employers to provide reasonable accommodation upon request so that employees can perform key functions of the job. The law also prohibits employers from discriminating against employees with disabilities in hiring, firing, promoting, compensation and other terms and conditions of employment. In addition to the ADA, we have experience with state and city laws that protect individuals with disabilities from discrimination in the workplace.

If you believe you have experienced disability discrimination in the workplace, either as a result of a serious injury or illness or because of a chronic or pre-existing condition, your rights under federal state or city law may have been violated.

Examples of Disability Discrimination

Disability discrimination takes various forms, some subtle and some overt. Common examples may include:

• Failing to provide reasonable accommodations so that an employee with physical limitations can perform his or her job
• Refusing to hire a qualified applicant because of a perceived disability
• Neglecting to adhere to federal law protecting an injured or ill employee’s position while on approved medical leave of absence
• Asking job applicants questions about their health or medical status
• Allowing harassing behavior directed at a disabled employee to persist despite complaints
• Failing to make adjustments in the workplace to accommodate disabled employee, such as installing door openers, ensuring that aisles are wide enough for wheelchairs and scooters or erecting ramps and handrails

Using the Best Strategy for the Client's Circumstances

While we prefer to negotiate a reasonable settlement to get a client back to work or obtain fair compensation if a return to the position is impossible, we do not hesitate to litigate on behalf of our clients. As one of the largest employee-side employment law firms in the United States, we have the resources and experience to advocate successfully for employees at all levels of the judicial system.