Disability Discrimination Based on Neurological Impairment
Neurological impairment may include any disorder of the nervous system, which is one of the main control centers of the body. Any kind of abnormality in the structure, biochemical balance, or electrical balance of the brain, spinal cord, or nerves might result in neurological impairment. When part of the nervous system is impaired, an individual’s level of functioning may be affected. However, the symptoms may vary significantly, depending on which aspect of the system is affected. Some people with neurological impairments are still able to work. Disability discrimination based on a neurological impairment is illegal in California, and people who have been affected by this wrongful conduct should consult the Los Angeles disability discrimination lawyers at The Nourmand Law Firm, APC.Remedies for Disability Discrimination Based on a Neurological Impairment
Disability discrimination occurs when someone is treated adversely on the job or when applying for a job due to a physical or mental impairment. Under the California Fair Employment and Housing Act (FEHA), it is illegal to discriminate against a job applicant or employee who has a physical disability, mental disability, genetic condition or medical condition. People who are perceived to have a disability are also protected even if they do not actually have a disability.
In most cases, a neurological impairment will qualify as a disability. Employers are not permitted to take adverse employment action against a qualified employee or job applicant (someone who can perform the job’s essential tasks) on the basis of neurological impairment. Adverse employment actions may include not hiring a job applicant, permitting harassment of the employee, failing to promote the employee or terminating the employee.
There are many types of neurological impairments that may affect an employee’s work life, including epilepsy, multiple sclerosis, and spina bifida. For example, flickering lights and stress might affect someone with epilepsy. Multiple sclerosis happens when the myelin sheath covering nerve fibers is damaged, resulting in impairment. Someone with multiple sclerosis may need accommodations for fatigue or cognitive impairment.
When a qualified employee needs a reasonable accommodation to do the job, the employer is supposed to provide it. Reasonable accommodations are any changes or adjustments to a job, a work environment, or how things are done that permit someone with disabilities to apply for the job or better perform its functions. The exception is when providing accommodation is unduly difficult and expensive. However, an employer is not supposed to immediately deny an accommodation due to a minor expense. Some reasonable accommodations for the fatigue associated with multiple sclerosis might be periodic rest breaks, a flexible work schedule, working from home or an ergonomic workstation.
It is critical for employees to realize that they need to establish that they can perform the essential job functions before requesting a reasonable accommodation. You are supposed to be able to do the job that you were hired to do with or without reasonable accommodations. However, certain symptoms associated with neurological impairments may require you to go back and forth with your employer.
The process of getting reasonable accommodation is supposed to be an interactive, good-faith process. The employer may not know much about multiple sclerosis and may need to ask some questions in order to get a sense of what an appropriate accommodation may be. You may not ultimately get the exact accommodation that you sought. If there are two accommodations that would work, the employer has the right to pick which accommodation to provide.
If your employer refuses to engage in this process with you or takes an adverse employment action against you for asking for a reasonable accommodation, it may be held liable for damages. These damages may include back pay, front pay, emotional distress and punitive damages, depending on the circumstances.Consult a Knowledgeable Lawyer in Los Angeles When Facing Discrimination
Disability discrimination based on a neurological impairment may be a basis to recover damages from a prospective, current, or former employer in Los Angeles. The attorneys at The Nourmand Law Firm, APC, may be able to represent you in a lawsuit for compensation. We strive to provide aggressive legal representation to employees who have been terminated due to a disability or a perceived disability in cities such as Los Angeles, Vernon, Alhambra, Glendale, Montebello, San Gabriel Valley, Newport Beach, Santa Ana, Van Nuys, Sylmar, Valencia, Beverly Hills, Palm Springs, San Diego, Riverside, and San Bernardino, as well as other areas of San Diego, San Bernardino, Los Angeles, Riverside and Orange counties. Contact us online or call us at 323-895-7800 for a free appointment with a wrongful termination lawyer or guidance with another employment claim.