More Than 30 Years Representing Disabled Workers

Meechan Rosenthal & Karpilow PC serves injured and disabled workers in Santa Rosa, and the surrounding counties, including Sonoma County. We are experienced in protecting a person with a physical disability from discrimination under the California Fair Employment and Housing Act (FEHA).

We have been helping injured Californians for more than 30 years. Our firm also represents claimants in administrative hearings before the Employment Development Department and the California Unemployment Insurance Appeals Board.

What Is Disability Discrimination?

Disability discrimination, according to the U.S. Equal Opportunity Employment Commission, occurs every time an employer treats a qualified employee or applicant unfairly because he or she has a disability. Disability discrimination also happens when an employee or applicant is treated less favorably due to a history of disability or because the person is believed to have a long-term mental or physical impairment. An employer that falls under disability laws is required to “provide reasonable accommodation” to a job applicant or an employee with a disability. Failure to do so causes hardship to the employee.

People in a relationship with someone with a disability are also protected by law from discrimination based on that relationship. A husband with a disabled wife is an example of such a relationship. Any aspect of employment discrimination is forbidden by law. This includes hiring and firing, promotion and job assignments, pay and fringe benefits, and training and layoffs.

Employers Do Not Always Help Their Employees

Employers frequently challenge a former employee’s right to receive unemployment insurance benefits. They do this by claiming the employee engaged in misconduct or quit their job without good cause. In most cases, the reasons that may support an employee’s termination do not disqualify that person from receiving unemployment insurance benefits.

Many people don’t understand this distinction. Yet a denial of unemployment insurance benefits can make the difference between keeping your home and living on the street. Many claimants simply give up when they learn their application for unemployment insurance benefits has been denied. In reality, to be found eligible to receive benefits, it is often necessary to appeal a denial of benefits and request a hearing before an administrative law judge.

How The Law Affects Your Rights

What does this mean for you? You may be able to get benefits even if they have been initially denied. But you may not be able to get those benefits on your own. You’ll need witness testimony and you’ll face cross-examination at a hearing. The process can be very confusing for a layperson to navigate alone.

We understand this process and have achieved great success in helping our clients obtain the benefits they deserve. We will fight for your right to receive this vital benefit so that you can keep a roof over your family’s head. And if we cannot help you obtain your benefits, you pay us nothing.

Who Has Protection Under The Law?

Under the Fair Employment and Housing Act, people with disabilities are generally protected by California law prohibiting discrimination. It is important to understand that in the eyes of the law, not every person with a medical condition is protected. Protection requires the person to be job-qualified. It also requires the person to have a disability as defined by law. An individual may be able to demonstrate a disability in three ways:

• One is a condition – it can be mental or physical – that substantially limits life. Examples could include seeing, hearing, talking, walking, or learning.
• Another is a history of living with a disability. An example is having cancer or another disease.
• The third is a nontransitory and minor mental or physical impairment. Transitory in this usage means that it lasts up to six months or is expected to last up to six months.

It is important to know and understand the protection from disability discrimination that the law gives you. If you believe you are experiencing disability discrimination in the workplace, the advice and guidance of a California disability discrimination law attorney may be needed to protect your rights.

Talk To A Lawyer Who Can Help You – Get A Free Consultation

Please contact Meechan Rosenthal & Karpilow PC today if you were injured at work, then fired. Our initial consultation is free of charge. You can send us an email or call us at 707-528-4409 to get your free appointment. Hablamos español.