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Disability Discrimination (ADA) Lawyer

Eldessouky Law represents individuals with disabilities who have been discriminated against in the workplace. You have rights just like every other employee. Our Disability Discrimination attorneys know the challenges you face at work. We are here to stand up for you. Our law firm, founded by Mr. Eldessouky, is located throughout Southern Calfornia, with several locations to serve those in need of an employment lawyer.

What Is Disability Discrimination?

Both the Fair Employment Housing Act (FEHA) and the American with Disabilities Act (ADA) encompass many different disabilities.

The main categories are physical disability, mental disability, or medical condition.

Physical Disabilities

These are the most common disabilities which sometimes result from an injury suffered at the workplace, or outside of work such as an auto accident, or even something the employee has always dealt with.

“Physical Disability,” as defined at Government Code section 12926, includes, but is not limited to, having any anatomical loss, cosmetic disfigurement, physiological disease, disorder or condition that does both of the following:

(A) affects one or more of the following body systems: neurological;

immunological; musculoskeletal; special sense organs; respiratory, including speech

organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; circulatory; skin; and endocrine; and

(B) limits a major life activity.

[C) “Disability” includes, but is not limited to, deafness, blindness, partially or

completely missing limbs, mobility impairments requiring the use of a wheelchair,

cerebral palsy, and chronic or episodic conditions such as HIV/AIDS, hepatitis,

epilepsy, seizure disorder, diabetes, multiple sclerosis, and heart disease.

Under Cal Gov Code § 12926 “Physical disability” includes, but is not limited to, all of the following:

(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:

(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.

(2) Any other health impairment not described in paragraph (1) that requires special education or related services.

(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.

(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes the achievement of a major life activity difficult.

(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).

(6) “Physical disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.

Mental Disability

Mental Disabilities may include such things as:

  • Anxiety
  • Depression
  • Bipolar disorder
  • Autism
  • Obsessive-Compulsive Disorder

Under Cal Gov Code § 12926 “Mental disability” includes, but is not limited to, all of the following:

Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity.

Any other mental or psychological disorder or condition that requires special education or related services.

Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer.

Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes the achievement of a major life activity difficult.

“Mental disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.

More can be found here What’s Included under Mental Disability?

Medical Condition

Medical condition” is a term specifically defined at Government Code section 12926, to mean either:

(A) any cancer-related physical or mental health impairment from a diagnosis, record, or history of cancer; or

(B) a “genetic characteristic,” as defined at Government Code section 12926.

“Genetic characteristics” means:

1) Any scientifically or medically identifiable gene or chromosome, or

combination or alteration of a gene or chromosome, or any inherited

characteristic that may derive from a person or the person’s family member,

2) that is known to be a cause of a disease or disorder in a person or the person’s offspring, or that is associated with a statistically increased risk of development of a disease or disorder, though presently not associated with any disease or disorder symptoms.

The Americans with Disabilities Act ( ADA) protects your rights.

It is illegal for employers to discriminate against employees with disabilities. Examples of employees with disabilities being discriminated against by their employer can include:

  • Basing hiring, firing, or promotion decisions on employee’s disability
  • Unfair or unequal job assignments
  • Unequal pay or benefits
  • Not providing reasonable accommodations or other ADA violations

Unfair treatment of an employee, because he or she has a disability, is illegal. This includes employees who have a history of a disability, such as cancer that is in remission, or an impairment that will only last up to six months. Employees who have a spouse with a disability are also protected against discrimination and harassment at work under the law.

A Strong Advocate Protecting Your Rights

Our law firm will protect your legal rights. We will strongly advocate for your best interests by discussing the specifics of your situation to determine the best course of action to take. Our lawyers care about helping you — and we treat every client with the respect they deserve.

Discrimination claims against your employer can be difficult. We will help you every step of the way, providing honest legal advice and emotional support. Claims must be filed within a certain time frame so it is best to contact us right away if you have been the victim of disability discrimination.

Discuss Your Situation With Disability Discrimination Attorney in Southern California

Our Disability Discrimination lawyer will discuss your case in a safe and confidential environment. Please call us at 714-409-8991 or contact our employment attorney to schedule a free case evaluation. Legal services in Arabic and Spanish are available upon request.

Contact Us

Eldessouky Law

17139 Bellflower Blvd UNIT 202,
Bellflower, CA 92806
2500 E Ball Rd Suite E,
Anaheim, CA 92806
100 Oceangate #1255,
Long Beach, CA 90802
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