At DuRard, McKenna & Borg we support injured workers throughout the San Francisco Bay Area with workers’ compensation cases, often handling related issues like disability discrimination claims.

Understanding Your Rights

The California Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA) protect you from discrimination at work due to physical or mental disabilities. Often, these protections overlap with workers’ compensation claims.

Getting the Accommodations You Need

In California, employers with five or more employees must make reasonable accommodations for workers with disabilities. If you need accommodations, you should generally request them from your supervisor or human resources. However, if your supervisor knows about your need for accommodations and does nothing, it may be considered discrimination.

When you ask for accommodations, your employer must engage in a good faith discussion to find effective solutions that help you do your job. Examples of reasonable accommodations include:

  • Allowing medical leave for treatment or surgery
  • Reassigning you to a suitable vacant position
  • Adjusting your job duties
  • Providing special equipment or supplies
  • Offering a modified work schedule
  • Changing workplace policies

Work-Related Injuries and Accommodations

If you’re disabled due to a workplace injury, your employer may need to make accommodations to help you return to work. For example:

  • If you have temporary work restrictions, your employer should discuss possible accommodations with you.
  • If you’re permanently disabled, your employer may need to provide modified duties.
  • If your employer claims no work can accommodate your disability without discussing your restrictions, they may be violating the law.

We’re Here to Help

If you are disabled due to a work-related injury or other reasons, you have rights under state and federal laws. Our experienced lawyers handle workers’ compensation and disability discrimination claims, protecting you from job loss or discrimination. We serve the diverse Bay Area community, with lawyers who speak Spanish and English. We offer free initial consultations and work on a contingency fee basis, so you pay nothing unless we win your case. Call us today at (650) 425-3278.