Attorneys Defending Employers Against Charges of Disability Discrimination
Skilled legal team advising clients in Pleasanton
When an employee files a claim for disability discrimination against you as an employer, the road ahead can be complex and costly if traveled without the guidance of a competent attorney. Today, state and federal laws protect employees against various forms of discrimination. If an employee alleges that you or a member of your company discriminated against him or her because of a disability, the charges against you are serious. At Garcia & Gurney, ALC in Pleasanton, our lawyers defend you against any type of discrimination claim. We have considerable experience representing both employers and employees. As a result, you gain the counsel of a law firm that understands every aspect of employment law and knows how to build a successful defense against the toughest disability discrimination charges.
The Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 (ADA) is similar to the Civil Rights Act of 1964 in that it gives Americans the right to be free of discrimination in the workplace. Title I of the ADA includes a provision that requires employers to provide disabled employees with reasonable accommodations unless doing so would cause undue hardship. An accommodation is defined in the Act as any change in the workplace that would enable an individual with a disability to enjoy equal opportunity. The Act specifies the following three categories of reasonable accommodations:
- Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires
- Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, which enable a qualified individual with a disability to perform the essential functions of that position
- Modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other, similarly situated employees without disabilities
Job descriptions in relation to the ADA
The Americans with Disabilities Act of 1990 requires that an employer assess the qualifications of an employee with disabilities in relation to the essential functions of a job. Basically, this means that an employment description should list qualification standards that do not intentionally screen out applicants who have disabilities. If you face legal action based on an allegedly discriminatory job description, the Pleasanton lawyers at Garcia & Gurney, ALC can review the job description, determine if the plaintiff has a case and represent your best interests every step of the way.
Experienced legal guidance for employers in California
Many businesses face a claim for discrimination or harassment at one time or another. At Garcia & Gurney, ALC, we excel at helping businesses and employers resolve employment law disputes in a timely and cost-effective manner. For help with a labor and employment issue or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.