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Articles Posted in Disability Discrimination

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COVID-19, Employer-Mandated Vaccinations and California Anti-Discrimination Law

We have been living with COVID-19 for more than a year now. One very important development that, for many, represents a huge “light at the end of the tunnel” is the availability of a COVID-19 vaccine. Vaccinations, though, maybe problematic for many workers. Some may have religious objections and others…

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The Differences Between Federal and California Disability Discrimination Law and How Those Differences May Help Your Case

People may offer all kinds of unsolicited legal opinions all the time. “Oh, that kind of accident isn’t something you can sue for.” “That kind of medical problem isn’t something you can win a discrimination case on.” And so on, and so on. Most of these opinions will inevitably come…

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These Times Are Trying for Everyone. That’s Especially True for Californians Juggling a Job and Children Whose School or Childcare Facility Has Closed.

As the calendar turned from 2020 to 2021, most of California remained under a “stay-at-home” order. For some Bay Area residents, the lifting of lockdown orders may actually exacerbate, rather than reduce, the challenges they face. Many people who were working before the pandemic struck may find themselves forced to…

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What to Do When You Have Been Subjected to Discriminatory Humiliation and Abuse on the Job in California

About four years ago, a Fresno-area employment attorney wrote a blog post about a workplace discrimination case in which he gave employers the free advice of “don’t be a jerk.” OK, he didn’t use the work “jerk,” but you can still absorb the author’s main idea. Employers being jerks can…

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Coronavirus and How Your Employer’s Response May Have Violated Workplace Disability Discrimination Laws in California

The state of California set a bleak milestone recently as it surged past 300,000 total cases of coronavirus, according to Deadline. The Mercury News reported that, on July 12, Alameda County was added to the state’s coronavirus “watch list.” There are many ways that coronavirus can hurt you, but one…

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Winning a Disability Discrimination Case in California, Even if Your Case is Devoid of Proof of Employer Malice or Bad Faith

Every employer has policies regarding employees with disabilities. For example, many employees whose disabilities leave them unable to do the essential duties of their job, even with an accommodation, may face termination. This may be legally allowable because discrimination law does not require employers to retain employees who cannot perform…

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A California Paint Store Employee Fired Due to Her Disability Recovers a $974K Judgment

In California, there are several ways that an employer can fire an employee that is against the law. One of those ways is if the employer terminates the employee based on the employee’s disability without first engaging in a good faith effort to make a reasonable accommodation for that worker’s…

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The Importance of Participating in the Interactive Process for Your California Disability Accommodation in Good Faith (and Proving that Your Employer Didn’t)

Sometimes, the key evidence in your employment discrimination case focuses a spotlight on what the employer wrongfully did or did not do. Other times, though, your disability discrimination case may turn on the acts you did or did not undertake prior to litigation. That’s because, while your employer is obligated…

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Military Vet’s Concussion Syndrome and Possible Autoimmune Disorder Were Enough for His Disability Discrimination Case, CA Appeals Court Says

When your employer has fired you, or has implicitly forced you out, based upon your disability or perceived disability, it is undeniably an incredibly difficult time for you. You may be uncertain about what to do. You may be uncertain about where to turn. If you’re in this challenging position,…

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How a Musician’s Unsuccessful Discrimination Lawsuit May Help Your California Discrimination Case

Sometimes, even others’ unsuccessful discrimination actions can provide very helpful knowledge for those workers who follow. For example, a musician recently lost his age and disability discrimination lawsuit against his employer. However, the musician lost his case because of a very narrow free speech exception that protected his employer. The…

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