San Francisco Disability Discrimination Lawyers
Comprehensive Representation for Disability Discrimination
Disability discrimination in the workplace can take many forms, including refusal to provide reasonable accommodations, wrongful termination, harassment, or denial of opportunities due to a disabling condition. At Lawless, Lawless & McGrath, we represent employees protected under the California Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA). These laws cover conditions that limit major life activities, such as mobility, vision, hearing, communication, or chronic illnesses like cancer, heart disease, or mental health conditions.
Our client-centered approach involves listening to your experience, assessing your case, and developing a tailored legal strategy. We guide you through the interactive process required for accommodations, ensuring your employer engages in good faith and implements agreed-upon solutions. Whether you’re seeking compensation for lost wages, emotional distress, or punitive damages, or pursuing workplace changes, we are dedicated to holding employers accountable and securing justice.
Specialized Expertise in Disability Discrimination
Lawless, Lawless & McGrath is a trusted leader in employment law, with a strong focus on protecting employees from disability discrimination. Founding partners and sisters Barbara A. Lawless and Therese M. Lawless bring over eight decades of combined experience. Barbara, recognized by Super Lawyers and the Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers, has a proven track record in litigating disability claims. Therese, a Super Lawyer and member of the American Board of Trial Advocates, excels in handling complex discrimination and accommodation disputes.
Our team also includes Emily S. McGrath, a Super Lawyer with a strong record in disability and retaliation cases, and Sinclaire M. Parer, whose meticulous approach strengthens our case preparation. Together, we have successfully represented clients across industries, from retail to tech, addressing issues like failure to accommodate mobility impairments, chronic illnesses, or mental health conditions. Our collective expertise and commitment to client advocacy set us apart.
Why Choose Lawless, Lawless & McGrath?
Choosing the right attorney is critical in a disability discrimination case. At Lawless, Lawless & McGrath, we provide personalized attention, ensuring you feel supported throughout the legal process, unlike larger firms. Based in San Francisco, we have a deep understanding of California employment laws and a robust network to investigate and litigate your case effectively. We operate on a contingency fee basis, meaning you pay no attorneys’ fees unless we recover compensation for you.
Our attorneys are skilled negotiators and fierce litigators, prepared to take your case to trial if necessary. As active members of the National Employment Lawyers Association, California Employment Lawyers Association, and San Francisco Trial Lawyers Association, we stay updated on evolving laws to provide cutting-edge representation. Our history of favorable outcomes reflects our relentless pursuit of justice.
Types of Disability Discrimination We Address
Our firm handles a wide range of disability-related claims, including:
- Failure to Accommodate: Representing employees denied reasonable accommodations, such as modified workstations, flexible schedules, or assistive devices.
- Wrongful Termination: Addressing terminations due to disabilities, including chronic conditions or temporary impairments.
- Harassment: Advocating for employees facing hostile work environments due to their disabilities.
- Retaliation: Protecting employees penalized for requesting accommodations or asserting ADA/FEHA rights.
- Denial of Opportunities: Fighting bias in promotions, training, or assignments due to disabilities like vision loss, hearing impairment, or mental illness.
We also address related issues, such as employers’ failure to engage in the interactive process or discriminatory policies impacting employees with disabilities.
Frequently Asked Questions
What conditions qualify as disabilities under ADA and FEHA?
Disabilities include physical or mental conditions that limit major life activities, such as mobility, vision, hearing, communication, or chronic illnesses (e.g., cancer, heart disease, depression). Temporary conditions may also qualify under FEHA.
How do I know if my employer’s accommodation is reasonable?
Reasonable accommodations must effectively address your needs without causing undue hardship to the employer. Examples include modified equipment, schedule changes, time off, or reassignment. We can assess whether your employer’s offer meets legal standards.
What is the interactive process, and why is it important?
The interactive process is a collaborative dialogue between you and your employer to determine appropriate accommodations. It’s critical to ensure your needs are met and to document your employer’s good-faith effort, which we can help navigate.
What steps should I take if I’m discriminated against due to my disability?
Document the discrimination (e.g., denied accommodations, termination), gather medical evidence, and contact an attorney. We can guide you through filing with the EEOC or the California Civil Rights Department or another state’s agency and pursuing a claim.
How long do I have to file a disability discrimination claim?
In California, FEHA claims typically have a three-year statute of limitations. Federal ADA claims require filing with the EEOC within 180–300 days. We can ensure you meet all deadlines.
Can I pursue a claim if I’m still employed?
Yes, you can file a claim while employed. We can help protect you from retaliation and seek remedies, such as accommodations or compensation, without requiring you to leave your job.
Notable Case Results
- $1,030,000 Verdict – Disability Discrimination: A chain store manager who suffered from obesity and diabetes was fired because of his disability. Decades ago, the jury awarded $750,000 for emotional distress. Trial Attorney: Barbara Lawless.
- $950,000 Settlement – Disability/Family Leave: Retail company subjected employees to an abusive and hostile environment that caused employees to become ill and take medical leave. The company then retaliated against employees.
- $500,000 Settlement – Mental Disability: Company harassed, discriminated against, and failed to accommodate employee who was diagnosed with a mental disability.
These results reflect our ability to handle complex disability cases with care and tenacity. While past results do not guarantee future outcomes, they demonstrate our dedication to fighting for our clients.
Our Commitment to You as Your Disability Discrimination Attorneys
At Lawless, Lawless & McGrath, we believe every employee deserves a workplace that respects their rights and accommodates their needs. Our firm is founded on the principle of fighting for justice, and we carry that mission into every case. We proudly serve clients throughout California, including San Francisco, Oakland, San Jose, and surrounding areas. To learn more about how we can help, call us at 415-391-7555 or contact us online to schedule a confidential consultation.