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Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
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Standing Up for Your Disability Rights in California

Posted on in Employment

Many employees are reluctant to file disability complaints for fear they will lose their jobs. However, California labor law provides strong protections for employees who exercise their disability rights.

California law imposes stiff penalties against employers who retaliate against disabled employees when they engage in any protected activity under California law, including requesting accommodations for disabilities, filing complaints with the EEOC and speaking with an attorney about filing a discrimination complaint against an employer. California laws against retaliation protect not only disabled employees, but other employees who speak out against employer abuses of disabled employees.

Employers may be fined up to $10,000 for each instance of retaliation against each employee involved. With such hefty fines, many employers avoid overt actions that are easy to identify as retaliation, such as immediately firing the employee. Instead, employers tend to engage in more subtle actions, such as assigning undesirable duties, changing work hours, issuing negative performance reviews or excluding the employee from social networking opportunities. However, California law is clear that employers may not engage in any activity that adversely affects the employee's employment after exercising their rights.

While such indirect forms of retaliation are clearly illegal, they are often difficult to prove. For this reason, employees who suspect that their employer is retaliating against them because they filed a disability claim or engaged in other protected activity should consult an experienced attorney as soon as possible. A good attorney can help employees document the employer's harassment and avoid mistakes that can damage their case.

Contact us today if you believe your employer is harassing you for standing up for your rights.

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