Best Disability Lawyers in Calabasas

About Disability Law in Calabasas, United States

Disability law in Calabasas, United States, encompasses various legal issues and policies designed to protect the rights and well-being of individuals with disabilities. This area of law includes ensuring equal access to public services, reasonable accommodations in workplaces, and the right to fair treatment in various aspects of life. Key legislation such as the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) play pivotal roles in shaping these legal protections.

Why You May Need a Lawyer

Individuals might require legal help in the field of disability for several reasons, including but not limited to:

• Navigating discrimination or harassment at work due to a disability.
• Ensuring accessibility in public and private spaces as stipulated by law.
• Applying for and securing social security disability benefits.
• Addressing issues related to special education laws and Individualized Education Programs (IEPs).
• Dealing with eligibility disputes for various disability-related benefits.

Local Laws Overview

Understanding the key aspects of local laws that pertain to disability in Calabasas includes knowledge of both federal and state laws, as these work in tandem to provide comprehensive protections. Some important areas include:

• The Americans with Disabilities Act (ADA): Ensures that individuals with disabilities have the same rights and opportunities as everyone else across various sectors including employment, public accommodations, transportation, and telecommunications.
• The California Fair Employment and Housing Act (FEHA): Provides protection against employment discrimination based on physical and mental disabilities.
• California Unruh Civil Rights Act: Prohibits discrimination based on disability and ensures that individuals with disabilities receive full and equal accommodations, advantages, and services in all business establishments.

Frequently Asked Questions

What is considered a disability under the ADA?

A disability under the ADA is a physical or mental impairment that substantially limits one or more major life activities, a history of such an impairment, or being regarded as having such an impairment.

How do I request reasonable accommodations at work?

You can request reasonable accommodations by informing your employer of your disability and your need for adjustments or aids that will help you perform your job. It can be done verbally or in writing.

What should I do if my employer refuses to provide reasonable accommodations?

If your employer refuses to provide reasonable accommodations, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH) in California.

Can my employer legally ask me about my disability?

Employers are generally prohibited from inquiring about a disability before making a job offer. After an offer, they may ask if an accommodation is needed or if the disability would affect job performance.

What is the process for obtaining social security disability benefits?

The process typically involves submitting an application along with medical records and other evidence to support your claim. If denied, you have the right to appeal the decision.

Can I be fired because of my disability?

It is illegal to fire someone solely because of their disability. However, if the disability prevents performing essential job functions and no reasonable accommodation is possible, termination might be considered lawful.

What are my rights if I believe I've been discriminated against in a public place?

You can file a complaint with the U.S. Department of Justice or seek legal action under the ADA and California's Unruh Civil Rights Act.

How can I ensure my child's school is providing the appropriate accommodations?

Working with the school to develop an Individualized Education Program (IEP) or a 504 Plan can help ensure your child receives the necessary supports. You can also seek assistance from a special education lawyer if needed.

Are mental health conditions covered under disability laws?

Yes, mental health conditions are considered disabilities under the ADA and other relevant legislation, provided they substantially limit one or more major life activities.

Do businesses have to provide disability access under California law?

Yes, businesses are required to provide reasonable access and accommodations to individuals with disabilities under both the ADA and California's Unruh Civil Rights Act.

Additional Resources

For further assistance and information, consider the following resources:

• U.S. Department of Justice - Civil Rights Division
• Equal Employment Opportunity Commission (EEOC)
• California Department of Fair Employment and Housing (DFEH)
• Disability Rights California
• Social Security Administration (SSA)

Next Steps

If you are in need of legal assistance in the field of disability, consider taking the following steps:

• Document all relevant information and incidents related to your case.
• Consult with a qualified disability lawyer for initial advice and potential representation.
• Contact government agencies, such as the EEOC or DFEH, to file complaints if necessary.
• Take advantage of support groups and nonprofit organizations that can offer guidance and resources.

Taking informed and timely steps can significantly help in addressing and resolving legal issues related to disability.