Disability Discrimination

Fresno Disability Discrimination Attorneys

• Were you fired while on medical leave or shortly after you returned?
• Were you told your "medical leave" was denied because your short-term disability insurance claim was denied?
• Were you demoted for taking medical leave for a disability?
• Were you fired because your boss thought you were disabled?
• Is your boss asking too many questions about your medical condition?
• Were you terminated because you asked for an accommodation at work?

In 1990, the Americans with Disabilities Act (ADA) became law. The intent of the ADA is to eliminate barriers to employment for people with disabilities and medical needs. California law is even more protective of employees. Unfortunately, some employers still don't understand the rights of disabled employees under the ADA or FMLA. They repeatedly engage in actions that penalize the employee with a disability or medical condition.

If you have been the victim of unfair treatment because you have a permanent or temporary medical condition, a disability or are pregnant, you need immediate legal help and advice.

Contact the law office of W.J. Smith & Associates in Fresno, California. We represent disabled employees across northern California in employment discrimination cases involving violations of the ADA or the Family and Medical Leave Act.

Call 559-432-0986 or 916-551-1556 to speak to an employment lawyer who can explain your rights.

Medical Leave and Disability Insurance

One of the most common mistakes we see employers and benefits administrators routinely make is denying an employee medical leave because the employee has been denied short-term disability benefits by an insurance company. This happens most often where the leave benefit administrator is a big company other than the employer.

Medical leave and short-term disability are two different things. If an employee meets the medical criteria for leave, it does not matter whether the insurance company agrees. (They may agree later.)

What Your Employer Can Ask

It is a violation of disability law for your employer to try to obtain private medical information. Your employer is only entitled to know that you have a serious medical condition that affects your ability to work and the anticipated duration of your medical condition, and no more! If your employer wants to know about the details of your medical condition or the treatment, the employer is likely violating the law.

Your Employer Must Make Reasonable Accommodations

Employers are required under the ADA to make reasonable accommodations for an employee's disability, but the definition of "reasonable" is open to interpretation. Some examples of accommodations that may be reasonable include:

• A shorter work week or working a different shift
• Adaptive equipment
• Adapting job duties or procedures

Contact a Discrimination Attorney

It is illegal for your employer to retaliate against you because you have a disability or file a complaint about disability discrimination or failure to accommodate you. We will give you emotional support as we thoroughly investigate your case.

For common-sense, compassionate legal representation, contact our California disability attorneys.