Disability Harassment Attorneys

Disability Harassment Attorney in Orange County

Coping with a disability can be difficult enough without having to endure harassment in the workplace.

Employees and job applicants with disabilities are protected under the California Fair Employment and Housing Act (FEHA). That law makes it an unlawful for an employer to harass employees or applicants because of their medical conditions, physical disabilities, or mental disabilities. The law also requires employers to take all reasonable steps to prevent harassment from occurring. Federal law provides for similar protection. As reported by the Equal Employment Opportunity Commission (EEOC), offensive remarks about an employee’s disability, for example, are likely illegal and constitute harassment if they are severe and frequent enough to create a hostile work environment.

Sessions & Kimball LLP’s attorneys are well-versed in all types of workplace discrimination and harassment and have recovered millions of dollars for employees who have experienced disability harassment at work. We are proud to dedicate our practice to protecting and enforcing the rights of California employees.

Examples of Disability Harassment
Unfortunately, some employers, supervisors, and co-workers harass disabled employees simply because of that employee’s physical or mental disability. There are many ways in which harassing behavior can be directed at employees with disabilities. Here are a few examples:

• An employee who undergoes brain surgery is called a “plate head” or other derogatory names by co-workers when he returns to work.
• Co-workers intentionally tamper with a disabled employee’s wheelchair and put up barriers that make it difficult for the employee to navigate the work area.
• Supervisors and co-workers harass an employee with a visual impairment by intentionally bumping into that person.
• An intellectually impaired employee has his lunch stolen by co-workers as a means of harassment.
• A woman in a wheelchair is jokingly referred to as “old Ironsides” by some co-workers.

What Constitutes Disability Harassment?
Harassment on the basis of disability consists of some type of conduct or communication that conveys hostility, aversion, or denigration because of a person’s disability. This conduct creates a hostile, intimidating, or offensive work situation, unreasonably interferes with the disabled employee’s work performance, and adversely affects the employment opportunities of the disabled employee.

To prove a disability harassment claim in a court of law, the disabled employee (plaintiff) must prove that:

• Employee is disabled.
• Employee was subjected to unwelcome harassment.
• Harassment was based on employee’s disability.
• Harassment was severe or pervasive enough to alter a privilege, term, or condition of employment.
• Employer knew or should have known about the harassment and failed to take remedial action promptly.

Legal Advocates for Disabled Employees in Orange County
No disabled employee should have to suffer any disability harassment at work. If you are being harassed in the workplace on the basis of a disability, our California employment law attorneys can help. Contact the office of Sessions & Kimball LLP to arrange for a free consultation. We will be happy to advise you of your legal options to seek justice and compensation.

Sources:
DFEH: Disability Under the Fair Employment and Housing Act
EEOC: Disability Discrimination
EEOC: Remedies for Employment Discrimination

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