Best Disability Lawyers in Fresno

About Disability Law in Fresno, United States

Disability law in Fresno, California, is designed to protect the rights of individuals with physical or mental impairments. These laws ensure that people with disabilities have equal opportunities at work, within educational institutions, and when accessing public services and spaces. The legal landscape involves a combination of federal statutes such as the Americans with Disabilities Act (ADA), state laws such as the California Fair Employment and Housing Act (FEHA), and local Fresno ordinances. These statutes cover issues like workplace discrimination, access to public facilities, reasonable accommodations, and the process of applying for disability benefits. Fresno residents navigating disability matters should be aware of their rights and the procedures for seeking recourse if those rights are violated.

Why You May Need a Lawyer

People seek legal help in disability cases for many reasons. Exploring your options with a disability lawyer can be crucial if you experience discrimination at work, in housing, or when trying to access public areas. Legal assistance may also be needed if your employer fails to provide reasonable accommodations or retaliates against you for requesting them. Many seek help when Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claims are denied or delayed. A lawyer can also assist if a school does not provide needed supports under Section 504 or the Individuals with Disabilities Education Act (IDEA). Navigating appeals, gathering documentation, and understanding the deadlines and procedures can be overwhelming, making legal guidance invaluable for a fair outcome.

Local Laws Overview

In addition to federal protections, California laws expand disability rights. The California Fair Employment and Housing Act makes it unlawful for employers to discriminate against qualified individuals with a disability and requires employers to provide reasonable accommodations if needed. The Unruh Civil Rights Act extends public accommodation rights. Locally, the City of Fresno follows the accessibility requirements mandated by federal and state law, particularly in city facilities and public transportation. State regulations often set stricter accessibility standards for buildings, policies, and public interactions than federal law. Schools in Fresno Unified School District must comply with both federal and state law regarding individual education plans (IEPs) and accommodations for students with disabilities.

Frequently Asked Questions

What protections does the Americans with Disabilities Act (ADA) offer in Fresno?

The ADA prohibits discrimination based on disability in employment, public services, public accommodations, and telecommunications. In Fresno, this means employers, businesses, and government services must make reasonable accommodations and ensure accessibility.

Can my employer in Fresno fire me because of my disability?

No. Both federal and California law make it illegal to terminate employment based on an employee's disability. Employers must also provide reasonable accommodations unless it causes undue hardship.

What are reasonable accommodations at work?

Reasonable accommodations can include modified work schedules, assistive technology, job restructuring, or physical changes to the workplace. The specific accommodation depends on your individual needs and your job's requirements.

How do I apply for Social Security Disability Benefits in Fresno?

You can apply for Social Security Disability benefits online, by calling the Social Security Administration, or by visiting your local SSA office in Fresno. It is helpful to gather all relevant medical records and work history before applying.

What can I do if my disability claim is denied?

If your claim is denied, you have the right to appeal. The appeals process involves multiple steps and deadlines, and many applicants benefit from legal assistance to improve their chances of success.

Are service animals allowed in all Fresno public spaces?

Yes. Both the ADA and California state law protect the right to be accompanied by a service animal in most public areas, with limited exceptions for specific health and safety concerns.

Do Fresno schools have to accommodate students with disabilities?

Yes. Public schools and many private schools must provide appropriate accommodations and services to students with disabilities through Section 504 plans or Individualized Education Programs (IEPs) as required by law.

Can Fresno landlords refuse to rent to someone with a disability?

No. Discrimination in housing based on disability is prohibited by both federal Fair Housing laws and California’s Fair Employment and Housing Act. Landlords must make reasonable modifications unless it would impose a significant financial or administrative burden.

Am I entitled to accessible parking in Fresno?

People with qualifying disabilities can obtain a disabled person parking placard or license plate. Public and private facilities must provide a certain number of accessible parking spaces according to law.

How can I challenge lack of accessibility in Fresno businesses or public spaces?

If you encounter barriers to access, you can file a complaint with the business, report it to local enforcement agencies, or seek legal advice on bringing a civil action to enforce compliance with ADA or local accessibility codes.

Additional Resources

- Social Security Administration - Fresno Office: Offers information and assistance with SSA disability benefits. - California Department of Fair Employment and Housing (DFEH): Enforces state civil rights laws, including disability discrimination. - Disability Rights California: Provides legal advocacy and information for Californians with disabilities. - Central Valley Regional Center: Provides services and supports for people with developmental disabilities in Fresno. - Fresno Unified School District Special Education Department: Supports families navigating special education and accommodations. - Fresno County Office of Disability Services: Offers referrals, advocacy, and information for residents with disabilities.

Next Steps

If you believe your disability rights are being violated or if you need advice on a specific issue, start by gathering all relevant documentation, such as medical records, written communications, and evidence related to your situation. Reach out to one of the listed organizations or a local law firm that specializes in disability law. Many lawyers offer free initial consultations and can help you assess your case. Timely action is crucial, as many legal claims have strict filing deadlines. If you are unsure how to proceed, contacting Disability Rights California or the Department of Fair Employment and Housing is an excellent place to start in Fresno. Seeking professional legal advice early can help protect your rights and improve your chances of a positive outcome.