Best Disability Lawyers in Campbell

About Disability Law in Campbell, United States

Disability law refers to the body of laws that protect the rights of people with disabilities in areas such as employment, education, housing, public access, and healthcare. In Campbell, California, which is part of Santa Clara County and the greater San Francisco Bay Area, disability rights are governed both by federal laws like the Americans with Disabilities Act (ADA) and state laws such as the California Fair Employment and Housing Act (FEHA). These laws help ensure that people with disabilities are not discriminated against and have equal access to opportunities and services.

Why You May Need a Lawyer

Navigating disability law can be complex, and there are several situations where having a lawyer’s guidance is crucial. For example:

• If you believe you have been discriminated against at work due to a disability.
• If your employer refuses reasonable accommodations for your disability.
• If your child is not receiving appropriate special education services in public schools.
• If you are denied disability benefits from Social Security, insurance companies, or other programs.
• If a business or public place is inaccessible despite requests for accommodations.
• If you are a landlord or business and need to ensure compliance with accessibility laws.

Local Laws Overview

In Campbell, disability rights are protected and enforced under a variety of local, state, and federal laws. Some key aspects include:

• Americans with Disabilities Act (ADA): Prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation.
• California Fair Employment and Housing Act (FEHA): Provides broader protections than federal law, covering employers with five or more employees and mandating reasonable accommodations.
• Individuals with Disabilities Education Act (IDEA): Ensures children with disabilities receive a "free and appropriate public education" in public schools, including in Campbell Union School District.
• California Building Codes: Set standards for accessibility in public and private buildings exceeding ADA minimums.
• Santa Clara County Area Agency on Aging and Campbell’s City Services: Provide resources and support for people with disabilities at the municipal level.

Frequently Asked Questions

What protections do I have against discrimination because of my disability?

You are protected under federal law (ADA) and California law (FEHA) from discrimination in employment, housing, education, and access to public services and places. Employers, landlords, businesses, and public institutions are required to provide reasonable accommodations unless it poses an undue hardship.

How do I request accommodations at work in Campbell?

You should submit a written request to your employer, specifying the accommodation you need due to your disability. Your employer must engage in a timely, good faith interactive process to determine a reasonable solution.

Can I be fired from my job because I have a disability?

No, it is illegal for an employer to fire you solely because of a disability. They must provide reasonable accommodations unless it creates an undue hardship or you cannot perform essential job functions even with accommodations.

How do I apply for Social Security Disability benefits?

You can apply online via the Social Security Administration website, by phone, or by visiting a local Social Security office. The process involves submitting medical documentation and work history.

What should I do if my Social Security Disability application is denied?

If your application is denied, you have the right to appeal. It can be helpful to consult with a disability attorney to assist you through the appeals process.

What if my child needs special education services?

Under the IDEA, your child is entitled to an Individualized Education Program (IEP) from the public school system to meet their unique needs. If you face challenges obtaining services, a special education attorney can help.

Are businesses in Campbell required to be accessible to people with disabilities?

Yes. Both federal and California laws require businesses open to the public to remove architectural and communication barriers when readily achievable and to provide accessible services.

Can my landlord refuse to rent to me because of my disability?

No. California's Fair Employment and Housing Act makes it illegal for landlords to discriminate against tenants based on disability or to refuse reasonable modifications to accommodate disabilities.

What should I do if I experience disability discrimination?

Document the incident, make a written complaint to the responsible party, and contact relevant agencies such as the California Department of Fair Employment and Housing or the U.S. Department of Justice. You may also want to consult with a disability rights attorney.

Is there a time limit to file a disability discrimination complaint?

Yes. Deadlines can vary depending on the agency and the type of claim. For example, under California law, you usually have one year from the date of the alleged discriminatory act to file a complaint with the Department of Fair Employment and Housing. It's best to act quickly.

Additional Resources

Several resources are available to individuals seeking information or help regarding disability rights in Campbell:

• Disability Rights California: Statewide advocacy organization for people with disabilities.
• California Department of Fair Employment and Housing (DFEH): Handles complaints of discrimination.
• Social Security Administration (SSA): For disability benefit programs.
• Campbell Union School District Special Education Department: Assists parents of students with disabilities.
• SCC Office of ADA Compliance: Administers and enforces ADA requirements in Santa Clara County.
• Santa Clara County Area Agency on Aging & Sourcewise: Provides information and referrals for disability-related services.
• Local legal aid clinics and disability advocacy groups: Offer free or low-cost legal advice and representation.

Next Steps

If you believe your rights may have been violated or you need advice navigating disability issues in Campbell, consider the following steps:

• Gather all relevant documents and records relating to your situation.
• Reach out to local legal aid or advocacy organizations for initial advice.
• Contact a qualified attorney specializing in disability law for a consultation.
• If facing workplace issues, communicate with your employer in writing to request accommodations.
• If denied benefits, pay attention to appeal deadlines and consider hiring legal representation.
• File complaints with the appropriate governmental agency if necessary.