Fresno Disability Discrimination Attorney: Fight Back Against Unfair Treatment
California FEHA Law is Broader Than the Federal ADA: Maximize Your Protections
If you are facing disability discrimination in Fresno, it is critical to know that California's Fair Employment and Housing Act (FEHA) offers far more comprehensive protection than the federal Americans with Disabilities Act (ADA).
Why FEHA is Stronger for Disability Claims in California
In 2001, the California legislature made a clear declaration: FEHA provides independent and additional protections. Key differences include:
The law only requires a disability to limit activity, not "substantially limit" it, resulting in broader coverage (Gov. Code § 12926.1(c), (d)(2)).
Crucially: EEOC regulations, which guide federal ADA cases, do not control the interpretation of FEHA disability law, allowing for a more employee-favorable standard in state court (Bagatti v. Dept. of Rehabilitation, 97 Cal.4th 344).
Establishing a Prima Facie Case of Disability Discrimination Under FEHA
To prove disability discrimination in a California workplace, you must show:
- You suffer from a disability (including record of or perceived disability).
- You are a qualified individual able to perform your job.
- You were subjected to an adverse employment action because of that disability.
*The employer must provide a legitimate reason, which you then have the burden to prove was merely a pretext for discrimination (Brundage v. Hahn, 57 Cal.4th 236).*
Contact Our Fresno Disability Discrimination Lawyer or call (818) 783-7300 for a consultation.
Protection Extends to a Record of Impairment
FEHA protects employees who have a record of a disorder, condition, or health impairment (Gov. Code § 12926(k)(3)). This covers:
- A documented history of an unusually long medical condition.
- A record of seeking treatment for a disability.
Employers are Liable for Discriminating Based on Perceived Disability
California law holds employers accountable for perceived disabilities (Gov. Code § 12940). Discrimination based on negative stereotypes is illegal, even if:
- The employee could work with a reasonable accommodation, but the employer insisted they couldn't.
- The employee had no actual impairment, but the employer asserted they did.
Meet Karl Gerber: A Fresno Disability Attorney Who Cares
Mr. Gerber takes a personal affront to workplace disability discrimination. His dedication is demonstrated through long-term support for causes like:
- Sponsoring Team Stephanie at the National Multiple Sclerosis walk since 2000.
- Sponsoring the Southern California Families With Marfans Group.
- Involvement in Ovarian and Breast Cancer walks.
If your employer is discriminating due to a physical or health impairment, they are violating a code. We are committed to Serving All Of Fresno County.
Call (818) 783-7300 Today to consult with a Fresno disability discrimination lawyer who will fight for your rights.
Our Firm: No upfront fees or costs
Contingency Fee Representation
All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.
Serving Fresno County
We have proudly served all of Fresno County since 1993.
The Employment Lawyers Group has successfully handled
2,000+
Separate California Employment Cases
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Sample Case Results
Employment Case
$18,402,868
Jury verdict for male visually harassed and subject to crude comments by a female manager
breach of commission contract
$1,150,000
Unpaid commissions of two plaintiffs
unpaid wages
$875,000
For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.
Practice Areas
Discrimination
Age, Disability, Family Medical Leave (FMLA/CFRA), Gender, National Origin, Pregnancy, Race, and Sexual Orientation claims.
Unpaid Wages & Overtime
Recovering earnings for Overtime, Bonuses, Commissions, Meal & Rest Breaks, and Prevailing Wage violations.
Sexual Harassment
Compassionate and effective representation for victims of sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and Federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse in their organizations under whistleblower protections.
Our California Locations
Bakersfield
5401 Business Park S, #214,
Bakersfield CA 93309
Los Angeles
Orange County
Riverside
Sacramento
777 Campus Commons Rd, #200,
Sacramento CA 95825
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524 Union St, #400,
San Francisco CA 94133
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Additional Sites
BostonLaborLaw.com
DcLaborAttorney.com
FresnoEmployeeLawyer.com
JobLawyer.net
MarylandLaborAttorney.com
ModemStud.com
VintageLosAngeles.org
WorkLawyerCA.info
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment wrongful termination by Karl Gerber.
Ready to Discuss Your Case?
Your rights as an employee matter. Contact us for a free, confidential case review.
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Call Us: (818) 783-7300