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Workplace discrimination due to disability still an issue

The Americans with Disabilities Act (ADA) was passed into law in 1990. The act was meant to make workplace discrimination against the disabled illegal, and it included other measures intended to facilitate life for the disabled in California and throughout the country. In 2018, people are still fighting to get fair treatment in the workplace.

In a case involving a company in Carlsbad, an employee requested leave for medical treatment for a disability. In lieu of being granted the leave, the employee was fired. A lawsuit was filed by the Equal Employment Opportunity Commission (EEOC), stating that the company had failed in providing the employee with an acceptable accommodation for her situation.

The EEOC attempted to reach a settlement agreement with the company but was not successful. The lawsuit sought not only monetary compensation but also changes in company policy that would protect others going forward. The suit was settled for $110,000 and policy changes that included ADA compliance training for all employees, improved record keeping regarding employee requests, and complaints and regular audits of those records.

If a disabled person has the skill and ability otherwise needed to perform a job, he or she should be able to perform that job without fear of retribution in California. Seeking or needing treatment for a disability should not disqualify a person. That is one of the issues the ADA was intended to prevent. A person who believes one may have suffered workplace discrimination due to a disability may want to seek the counsel of an experienced workers' compensation attorney. A lawyer can review the facts of an individual's case and can advise one on whether or not one has legal standing for a suit under the terms of the ADA.

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