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Disability Discrimination

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, A Law Corporation 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, A Law Corporation 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, A Law Corporation, 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.

Client Testimonials
  • "Melinda Garcia came very highly recommended by two colleagues who raved about her expertise and assertiveness. She and her team are extremely responsive and help us navigate the legal challenges of our consulting business. We're thrilled to have Melinda on our side!"

  • "Melinda Garcia was wonderful to work with. She is an outstanding listener and has a great memory for details and personal information.... which makes one feel very comfortable and welcome. I would highly recommend her to anyone not only because of her outstanding abilities but because of the compassion she eludes in dealing with an individual's issues/concerns."

  • "Highly recommend! "

  • "Melinda Garcia provided me excellent advice in resolving an employment agreement related to an acquisition of the company I worked for. She is very knowledgeable, asked me what I wanted to achieve with her services, provided excellent service to achieve those goals, and was very cognizant of fees. I recommend her for employment related services."

  • "Melinda Garcia provided excellent guidance with an employment/compensation case. Her knowledge of employment law, and strong negotiation skills, brought the case to a successful conclusion."

  • "Melinda Garcia has done an excellent job assisting us as we established our small business. From incorporation to contract negotiations, Melinda Garcia and her staff were outstanding"

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