California Disability law reform offers improved protection for employees and employers compared to Americans with Disabilities Act (ADA). It features the right-to-cure act for employers which provide improved facilities to cater to people with disabilities.
ADA stipulates rights of disabled people and also protects them from acts of discrimination. California has specific disability laws that give way for substantial monetary compensation in addition to damages stipulated under ADA.
Violation of ADA is also a violation of California disability law.
However it poses several problems:
1. Federal standards differ from California standard
2. Local governments may missed out ADA standards
3. More effort is needed to enforce California citizens to completely abide with California Disability law.
Federal disability laws are implemented by private right of actions. California disability law includes penalties for abuse, substantial monetary damages, and one-sided attorney's fees.
California disability law enforces full compensation for violation in ADA. It discourages needless lawsuit. It gives chance for employers to improve their facilities. It also provides assistance and infrastructure for disabled persons. It supports the right for access of disabled people.
A disabled person can be granted with compensation, injunctive relief, and attorney's fees. California disability law prohibits acts of abuse in the legal system. It guards against motive to exceed monetary rewards. It focuses on adherence to ADA and enforcement of California standards.
On the other hand, many companies feel the burden of undergoing expensive court fees over minor violations. Companies resort to amicable settlement and preemptive solutions to avoid the high cost of formal litigation.
Business owners are compelled to abide with both Federal disability law and California Disability law reform. Compliance with both provides better protection for disabled persons as well create better right-to-cure measures for employees.
FAQs on Disability law
Q: Who is covered under ADA?
A: "Qualified workers with disabilities" are covered under ADA.
Qualified means someone who is legally and medically recognized as disabled.
Q: How does ADA define "disabled"?
A: 1. The person has physical impairment that limits major body functions. Examples are: Walking, seeing, talking or hearing. It is also referred to as mental impairment.
2. The person has a history of undergoing serious medication. (This should not be
a basis for disqualifying you in the hiring process.)
3. The person has been regarded by other people as disabled. (This pre-judgment should not limit your chances in the recruitment or promotion process in the company).
Q: What are the factors in qualifying undue hardship?
A: 1. Cost of accommodation
2. Financial limitation of the company
3. The structure of the company
4. The effect of accommodation to the overall status of the company
If you feel that you are discriminated in the recruitment or promotion process of a company, consult with a professional Social Security Disability Lawyer in Los Angeles and assert your rights today.