Can a Los Angeles County Worker File a Disability-Based Harassment Claim?

Question from L, Can a Los Angeles County Worker File a Disability-Based Harassment Claim?

Answer from AI:

If you’re a worker in Los Angeles County, California, and you’re facing harassment due to a disability, you might be wondering about your rights and the legal avenues available to you. The Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act provide protections against discrimination and harassment based on disability. Understanding these laws can help you determine how to proceed if you’re experiencing harassment at work.

Understanding the ADA and Rehabilitation Act

The ADA and the Rehabilitation Act are federal laws designed to protect individuals with disabilities from discrimination in various areas, including employment. Here’s a brief overview of each:

• The Americans with Disabilities Act of 1990 (ADA): This law prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. Title I of the ADA specifically addresses employment discrimination.
• The Rehabilitation Act of 1973: This act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors.

Disability-Based Harassment Under the ADA and Rehabilitation Act

Disability-based harassment is a form of discrimination that violates both the ADA and the Rehabilitation Act. Harassment can include, but is not limited to, offensive remarks about a person’s disability. For the harassment to be considered illegal, it must be so frequent or severe that it creates a hostile or offensive work environment or results in an adverse employment decision (such as the victim being fired or demoted).

Steps to File a Disability-Based Harassment Claim

If you’re a Los Angeles County worker experiencing disability-based harassment, here are the general steps you might take:

1. Document the Harassment: Keep detailed records of the harassment incidents, including dates, times, locations, what was said or done, and any witnesses.
2. Report the Harassment: Report the harassment to your employer according to the company’s policies. This is often through your supervisor or the human resources department.
3. File a Complaint: If the harassment doesn’t stop, or if you face retaliation for reporting it, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). The EEOC enforces the ADA, while the DFEH enforces California’s own laws against disability discrimination, which are similar to the ADA but may offer additional protections.

It’s important to note that there are time limits for filing complaints. For the EEOC, you generally have 180 days from the day the discrimination occurred. This period can be extended to 300 days if the charge is also covered by a state or local anti-discrimination law. For the DFEH, the time limit is usually three years from the date of the discrimination.

Seeking Legal Advice

Filing a disability-based harassment claim can be complex, and the specifics of each case can significantly impact the process and outcome. It’s strongly recommended that you consult with a legal professional who specializes in employment law or disability rights to get personalized advice and assistance. A lawyer can help you understand your rights, the merits of your case, and the best course of action.

For more information on the ADA, visit the ADA website. For details on California’s protections, the California Department of Fair Employment and Housing website is a valuable resource.

Remember, every situation is unique, and while the ADA and Rehabilitation Act provide broad protections against disability-based harassment, the best course of action depends on the specifics of your case. Consulting with a legal professional can provide you with guidance tailored to your individual circumstances.