# Employment Lawyers Group | Disability Discrimination > Employers are liable for perceived disabilities. Discrimination is often based upon stereotypes. Sue fod disability discrimination call (877) 525-0700. Source: https://bayareaemploymentattorney.net/disability-discrimination-lawyer/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving San Francisco County, California. Phone: (877) 525-0700 (calling is the fastest way to reach the legal team) Office: 524 Union St, #400, San Francisco, CA 94133 Contact form: https://bayareaemploymentattorney.net/contact/ Consultations are free and confidential; cases are taken on contingency. --- Under California law, employers are liable for perceived disabilities, California Government Code Section 12940. Discrimination is often based upon stereotypes. Perceived disability discrimination exists when somebody has a medical condition or impairment which allows them to work with accommodation, but the employee insists they cannot. Perceived disability discrimination could also exist if an employee did not have anything wrong with them, but the employer asserted that they did. Disability discrimination in the workplace is on the rise. Many American workers have recognized disabilities under the Federal Disabilities Act and the Fair Employment and Housing Act. The aging nature of our population has also created a rise in disability discrimination in the workplace. Many older workers develop disabilities under the various disability act. Karl Gerber takes a personal affront to disability discrimination. His wife sponsors Team Stephanie at the National Multiple Sclerosis walk Mr. Gerber has walked since 2000. Mr. Gerber and his wife are also sponsors of the Southern California Families With Marfans Group that meets at his house on a quarterly basis. Mr. Gerber is also involved in the Ovarian and Breast Cancer walks in Los Angeles. Persons suffering from cancer and multiple sclerosis have a special place in Mr. Gerber's heart. ## Disability Case Wins & Settlements in Los Angeles - $305,000 Sexual Harassment of Pizza Delivery Lady - $182,500 Cancer Discrimination Termination - $150,000 Mental Disability & Termination CFO - $150,000 Disability discrimination & termination - $150,000 Race harassment at an oil refinery - $150,000 Disability discrimination & termination Disability Discrimination has been a growing concern. If an employer is discriminating due to physical or health impairment, they are violating a code. Call (877) 525-0700 to speak to a disability discrimination lawyer who cares. ## California Disability Discrimination Cases Disability Under California Law Is Much More Expansive Than Under The Federal Americans With Disabilities Act. In 2001, the legislature provided strong language indicating that FEHA is much more expansive than the Federal ADA. The legislature finds and declares as follows: (a) The law of this state in the area of disabilities provides protections independent from those in the federal Americans with Disabilities Act of 1990 this state's law provides additional protections. ## Other Disability Discrimination Cases in California California Government Code Section 12926.1(c),(d)(2) only requires that the disability limit activity. It does not require a substantial limitation, Colmenares v. Braemar Country Club, D.A.R. 1919, 1921 (2-21-03). The Code specifically says this distinction is intended to result in broader coverage under this state law than under the federal ADA. EEOC regulations are not to be used when interpreting the California Fair Employment and Housing Act insofar as it relates to disability law. EEOC regulations are useful when the state statute is molded on the federal law the regulation is based upon, Cassista v. Comm. foods, Inc., 5 Cal.4th 1050, 1063, 22 Cal.Rptr.2d 287, 296 (2002). However, where the applicable FEHA statute is not sufficiently molded on the ADA, EEOC Regulations cannot control the meaning given FEHA, Bagatti v. Dept. of Rehabilitation, 97 Cal.4th 344, 358, 118 Cal.Rptr.2d 443, 452 (2002) a disability case under FEHA. ## Disability Discrimination Under FEHA In order to establish a prima facie case of disability discrimination under FEHA the employee must show : 1) that she suffers from a disability; 2) the employee is a qualified individual to perform their job; 3) they were subjected to an adverse employment action because of the disability, Deschene v. Pinole Steel Co., 76 Cal.4th 33, 44, 90 Cal.Rptr.2d 15 (1999); Brundage v. Hahn, 57 Cal.4th 228, 236, 66 Cal.Rptr.2d 830 (1997). The employer must offer a legitimate nondiscriminatory reason for the adverse employment action, and the plaintiff then bears the burden of proving that the employer's proffered reason was pretextual, Brundage, 57 Cal.4th 236. Disability Discrimination has been a growing concern. If an employer is discriminating due to physical or health impairment, they are violating a code. Call (877) 525-0700 to speak to a disability discrimination lawyer who cares. ## 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 San Francisco County We have proudly served all of San Francisco County since 1993. Ready to discuss your case? (877) 525-0700 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results 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 forced to work without pay standby pay case $800,000 Controlled stand by class action settlement 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, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://bayareaemploymentattorney.net/disability-discrimination-lawyer/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://bayareaemploymentattorney.net/unpaid-wages-lawyer/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://bayareaemploymentattorney.net/sexual-harassment-lawyer/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://bayareaemploymentattorney.net/wrongful-termination-lawyer/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://bayareaemploymentattorney.net/leave-of-absence-lawyer/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://bayareaemploymentattorney.net/whistleblower-lawyer/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. Vineyard Ave, #400, Ontario CA 91764 [(909) 663-2100](tel:9096632100) ### San Diego [SanDiegoEmployeeLawyer.com](https://sandiegoemployeelawyer.com) 330 "A" St, #60, San Diego CA 92101 [(619) 320-3000](tel:6193203000) ### San Francisco / Bay Area [BayAreaEmploymentAttorney.net](https://bayareaemploymentattorney.net) 524 Union St, #400, San Francisco CA 94133 [(877) 525-0700](tel:8775250700) ### San Jose / Silicon Valley [SiValleyLaborLawyer.com](https://sivalleylaborlawyer.com) 111 N. Market St, #300, San Jose CA 95113 [(877) 525-0700](tel:8775250700) ### Sherman Oaks [WorkLawyerCA.com](https://worklawyerca.com) 13418 Ventura Blvd, Sherman Oaks CA 91423 [(818) 783-7300](tel:8187837300) ### Torrance / South Bay [JobTerminationLaw.com](https://jobterminationlaw.com/) 3655 Torrance Blvd, 3rd Floor, Torrance CA 90503 [(310) 842-8600](tel:3108428600) ### Ventura / Oxnard [VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com) 4030 West Hemlock St, Oxnard CA 93035 [(805) 200-0100](tel:8052000100) ### Additional Sites [BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org) ## About Firm Founder, Karl Gerber Firm Founder, **Karl Gerber**, has been an employment and 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 and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://bayareaemploymentattorney.net/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (877) 525-0700 Now](tel:8775250700)