Los Angeles Employment Lawyer Blog

Bipolar disorder affects a large number of California employees. People who are bipolar or manic depressive experience one or more manic or mixed episodes often accompanied by depressive episodes. Experts say 1 out of 25 Americans suffer from bipolar disorder. Bipolar disorder is an illness that affects your feelings, behavior, thoughts, perceptions, how you feel physically and can even affect how you work. If you are bipolar, the American Disabilities Act says it is up to you whether or not your share your disability with your employer.

While the ADA also makes it illegal to discriminate against a person with a disability as long as the person can perform the essential functions of their job, these employees are still often the victims of discrimination, harassment, or retaliation in their work place. An experienced employment lawyer can ensure that your rights and needs as an employee with a disability are being taken care of. It is the law that an employer reasonably accommodate the needs of a disabled employee. According to a recent case against Wal Mart, if your employer is aware that you suffer from a disability, such as bipolar disorder or manic depression, he is required to work with you to see if you can be reasonably accommodated.

Have you been a victim of discrimination in your work place as a result of your manic depression? If you live in California, call the experienced employment attorneys at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) now! You will receive a free consultation regarding your legal rights and hear how one of our experienced employment lawyers may be able to help you.

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Posted In: DISABILITY / MEDICAL DISCRIMINATION

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Do you have a disability? Your employer must work with you, the employee, to reasonably accommodate you and your disability. In a recent employment disability case against Wal Mart, the court found that it is the responsibility of the employer to participate in an “interactive process” and to work with a disabled employee to determine whether the employee’s disability can be reasonably accommodated. Since the exact definition of "interactive process" was not given by the court, an experienced Southern California employment lawyer can assist you in determining whether your employer has engaged in this process to accommodate your disability.

Your disability could be physical (obesity, deafness, or diabetes to name a few) and/or mental (such as depression, Bipolar Disorder, or ADHD). You can find a partial list of recognized disabilities here. And though it is generally your responsibility as the employee to inform your employer that an accommodation for your disability is needed, if your employer is conscious of or perceives a disability he might be obligated to provide reasonable accommodations for that known or perceived impairment.

Both California and Federal law protect you if you are disabled. If you live in California and are suffering from an acknowledged disability but your employer is not working with you to provide reasonable on-site accommodations for your disability, call the informed employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment attorneys may be able to help you. We are here to help you.

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Posted In: DISABILITY / MEDICAL DISCRIMINATION

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Are you considered morbidly obese? Is the cause of your obesity physiological? If so, your employer cannot discriminate against you solely for this reason, which means that they cannot fire you for being morbidly obese as long as you are able to perform your job. Obesity, by its medical definition, is a disease in which excess body fat has accumulated to such an extent that your health may be negatively affected. Your BMI must be greater than 30 to be considered medically obese. Morbid obesity occurs when a person is over 100 lbs overweight or their BMI is over 40. Not only is morbid obesity an individual condition, which can lead to the contraction of diseases such as hypertension, diabetes, and heart disease, but it is a growing health problem in the United States and California. Over 64.5% of American adults considered to be overweight or obese. An experienced employment lawyer can help you make sure you receive the same treatment your non-obese co-worker receives and that you do not suffer disability discrimination. Please visit our webpage on Obesity Discrimination to learn more about your rights.

Many factors can contribute to morbid obesity. These factors include overeating or binge eating, stress, genetic predispostion, insufficient amount of exercise or sleep, to name a few. Your employer might be discriminating against you if he does not allow you to miss work for medical appointments or allow you to take a reasonable amount of time off work. If you are disabled as a result of your obesity, your employer also needs to provide you with reasonable on-site accomodations.

If you are classified as disabled as a result of your morbid obesity, are able to perform the essential functions of your job, but still feel your employer has discriminated against you due to your disability, the experienced employment attorneys at Greenberg & Rudman might be able to assist you in protecting your rights. If you are in California, call us now at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.

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If you are clinically depressed, your employer must respect your condition and cannot discriminate against you because you suffer from depression. Depression is more than a passing mood. It’s more than momentary sadness. Depression is a is a mental health disorder that can affect the way you eat and sleep, the way you feel about yourself, and the way you think about things. Depression cannot just be “willed away” and is in fact a medical condition with a clinical diagnosis that deserves serious attention.

How do you know if you are depressed? Some symptoms vary according to the person and can change over time. Several symptoms include:

• Feelings of hopelessness, pessimism


• Feelings of guilt, worthlessness, helplessness


• Loss of interest or pleasure in hobbies and activities that were once enjoyed


• Decreased energy and fatigue


• Difficulty concentrating, remembering, and/or making decisions


• Insomnia, early-morning awakening, or oversleeping


• Appetite and/or weight loss or overeating and weight gain


• Thoughts of death or suicide; suicide attempts


• Restlessness, irritability


• Persistent physical symptoms that do not respond to treatment, such as headaches, digestive disorders, and chronic pain

Fortunately, there is help for you if you suffer from depression. This includes psychotherapy and counseling as well as anti-depressant medication. If your depression is shown to be a disability, an experienced employment lawyer can help you make sure that your employer does not discriminate against you. If you live in California and you feel your employer has discriminated against you as a result of your depression by not allowing you to take time off work for counseling sessions or medical appointments, or not providing you with reasonable on-site accommodations for your disability, call the experienced employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment attorneys may be able to help you. Your call is completely confidential, and we are here to help.

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If you are injured on the job in California due to physical injury or stress you are entitled to file a workers comp claim. CA law dictates that your medical expenses need to be paid. In addition, you should get paid for time off from work. This replaces the wages you would have earned on the job. An experienced employment attorney can help you make sure you are receiving the treatment from your employer that you should.

In CA, workers' compensation benefits are paid by an employer's workers compensation insurance policy. Your employer must have workers comp insurance because California law requires employers to have worker’s compensation insurance if they have even one employee. Additionally, your employer cannot retaliate against you for filing a workers comp claim. An example of retaliating includes firing you even though you can still do your job. If your employer does retaliate against you for filing such a claim, you can file another claim for discrimination and be awarded more money in damages.

If you have filed a workers compensation claim and have not been adequately compensated or you believe your employer is discriminating against you after you filed the claim, you should call us now at the law offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation in California regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.

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Posted In: DISABILITY / MEDICAL DISCRIMINATION , EMPLOYMENT CLAIMS

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In a recent investigation by the Americans with Civil Liberties Union of Southern California and the Disability Rights Legal Center, it was discovered that many Los Angeles Jails were not equipped to properly accommodate disabled inmates. By law, specifically the Americans with Disabilities Act (or “ADA”), all citizens must be provided with reasonable accommodations for their disabilities, whether it is in housing, the workplace, or even jail.

Many do not know that they must accommodate your disability. But according to State and Federal law, it is their duty to provide accommodations that allow you to move freely as would any other without the disability, and to also provide you with accommodations to do your work and function at a level of those who are not disabled. In the workplace, this means that you may have accommodations such as more time to complete complex projects, a lower desk to accommodate your wheelchair, lighter doors or electronic opening doors that assist you if you are in a wheelchair or on crutches, and even missing work for doctor’s appointments.

If your employer is not allowing you reasonable accommodations for your disability, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment attorneys may be able to help you. As you can see, the ADA is provided to protect all of our disabled citizens, and you do not have to struggle in the workplace just because you have different medical requirements.

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Carpal Tunnel Syndrome (CTS) is a medical condition that leads to paralysis and burning, weakness, numbness and loss of function in the wrists. It can also create symptoms in the fingers, hands, and forearms. Many office workers develop carpal tunnel from working at a keyboard in a stressful position, without taking proper rest breaks for their hands and arms. Those who have been diagnosed with CTS and continue to work in an office may find their mobility and productivity lessened.

CTS is a medical disability that is protected under Federal and State laws. If you develop Carpal Tunnel Syndrome while at your current position, you may be entitled to worker’s compensation. If you have had CTS for a while, and you are having difficulty with obtaining reasonable accommodations for your CTS on the job, an employment lawyer may be able to assist you in getting reasonable accommodations, or suing for violation of employment laws.

You should first try to obtain reasonable accommodations from your employer. Reasonable accommodations for CTS include (but are not limited to):

• Periodic rest breaks away from the computer to do physical exercises or rest from typing


• Missing work for physical therapy or other doctors breaks


• Changing the position of your keyboard or buying a lower keyboard rest that is more ergonomically and assists your wrists better


• Using speakerphone rather than a regular handset for long telephone calls.

If you have tried to negotiate reasonable accommodations with your employer and they refuse, or if you have developed Carpal Tunnel Syndrome while on the job, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Reasonable accommodations in the workplace provide many ways that a disabled worker can work with simple changes around the office. But sometimes, those changes (or lack thereof) may not be enough. What if you are in a wheelchair and getting public transportation to the building becomes too difficult? Or what if you undergo a surgery that places you on temporary bed rest? Even many working mothers are discovering that after having a newborn, it may become very difficult to go into work for a couple of hours a day.

These days, working from home is an option available to more and more businesses. With widespread access to the internet, mobile access to work email and even work computers, and teleconferencing by video or phone or both, working from home can be just as productive as working in the office. And it can be part of a reasonable accommodation plan for your medical disability.

If you have tried to negotiate working from home as a reasonable accommodation to your medical disability, and your boss refuses, you may need the assistance of an employment lawyer. While not all jobs are right for working from home, many office jobs, sales jobs and communications jobs are. Call the Law Offices of Greenberg & Rudman LLP in California at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Pregnancy can be both joyful and stressful, especially if you are working. Worries that you may lose your job, or be demoted are common amongst pregnant women. But there are both Federal and State laws in California that protect how your employer may treat your pregnancy or your decision to become pregnant while at your place of employment.

For example, it is illegal for your employer to ask you if you plan to become pregnant as part of the hiring process. It is likewise illegal for your employer not to hire you because you are already pregnant. Once employed, your employer cannot terminate you simply because you are pregnant. Pregnancy leave is provided by state law for up to four months, and you are also allowed to do less strenuous duties or to cut back your hours immediately before or after pregnancy (or as your medical condition requires). As long as your request for accommodation does not place an undue burden on your employer, they must accommodate your request.

If you suspect that you have been victim to pregancy discrimination in California based on your plans to become pregnant, your pregnancy, or your medical leave for your pregnancy, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you. We provide contingency fee options which means we don’t get paid unless you do.

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Posted In: DISABILITY / MEDICAL DISCRIMINATION , WORKPLACE DISCRIMINATION

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Anxiety disorders are medical disorders that can either manifest by themselves or with other medical disabilities. You may experience an anxiety disorder as part of your dealing with depression, or you may have recently been diagnosed for an anxiety disorder without other symptoms. Anxiety disorders can create panic attacks, loss of motivation or ability to focus, inability to leave your house in the morning and getting to work late, or even locking yourself in the bathroom for extended periods of time. Many anxiety disorders are treatable with medication, and with talk therapy or other combinations of treatment.

Anxiety disorders can make working difficult. Sometimes symptoms may overwhelm you and you are ashamed to tell your boss what is happening. However, if you do not tell your boss about your disorder, they may just assume you are slacking off at work, or that you don’t care. If you have an anxiety disorder, there are Federal employment laws and California State laws that protect you in the workplace. You must begin by sharing your diagnosis confidentially with your boss and developing a reasonable accommodations plan. Reasonable accommodations for anxiety disorders include (but are not limited to):

• Taking small breaks throughout the day to go outside and take a short walk or a breath of fresh air


• Having a flexible arrival time in the morning such as between 9 AM and 10 AM and leaving according to when you arrived


• Taking time away from work to visit your doctor or therapist


• Having a desk away from the main entrance or out of the busy traffic of the office


• Being able to take your medication at work

If you suffer from an anxiety disorder and you are having problems making accommodations in your workplace, or you fear you may be fired due to your disorder, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Modern technology has allowed for many advances in the workplace. One of these advances is allowing those who are visually impaired or fully blind to work in many more opportunities than ever before. With state of the art voice technology, visually impaired workers can navigate the internet and handle computer software with ease. However, many employers are still discriminating against those with visual impairment or offering reasonable accommodations for their disability.

According to Federal and State law, reasonable accommodations must be made to allow for a person with a disability to adequately perform their job duties. It is also illegal to refuse to hire someone or to fire someone simply due to their impairment. Reasonable accommodations for the blind include (but are not limited to):

• Having a guide dog in the workplace


• Providing a safe and accommodating work space (without physical obstacles or clutter)


• Allowing a visually impaired worker more time to work on complex tasks that involve using voice software


• Allowing a visually impaired worker to attend training for new software opportunities in the workplace


• Time away from work for doctor’s appointments


• Allowing Braille and other accommodations to allow you to be more productive at work

If you are not given these or other reasonable accommodations for your visual impairment, or you have been wrongly fired or denied a job due to your disability in California, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Medicine has been making new grounds in the way of genetic testing for precursors to many illnesses including breast cancer, diabetes, heart disease, and more. But more and more workers have concerns about getting preventative and early detection genetic tests for fear of retaliation from their bosses or losing their health insurance. The bill, started in the 1990s, has been toted as a great advancement to personal medicine and health care. Scientists agree that if you can detect one of these markers at an early state, the patient has a much greater chance of recovery.

So isn’t why then isn’t this just a quick pass? GINA would make it illegal for health insurers to raise premiums or deny coverage based on the information found in the tests. It would also prohibit employers from discriminating against employers based on the information, such as in decisions to hire, fire, promote, or other job duties. But the contenders have said this will do nothing about those who already have the disease and are discriminated against both by their insurance coverer and their employer.

However, this bill is meant mostly to prohibit employers and individual health insurance companies from discriminating against individuals based on the results of the test. There are already many state laws that make it illegal to prohibit groups from insurance based on their test results. Advocates of the bill argue this is the next step in protecting the advancement of personal medicine and less discrimination in the workplace based on personal disabilities.

If you suspect that you have been discriminated against at work for a genetic test, or have been refused benefits due to your medical disability in California, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Narcolepsy is a medical disability that causes the sufferer to experience disrupted sleep. Many times they do not receive the proper amount of REM (or deep rapid eye movement) sleep during the night, and as a consequence, experience periods of extreme fatigue and even falling asleep at very inconsistent times. Often, a narcoleptic may have had the necessary seven to eight hours of sleep the night before, but still finds that they have fallen asleep at their desk at work, or while sitting still watching a video.

Narcolepsy is a medical disability that is protected under State law and Federal Law. While many treatments exist, some of the best treatment is allowing brief periods that are planned throughout the day to take a short nap, so as not to simply fall asleep at a much more inconvenient or inappropriate time. As Narcolepsy is a protected medical disability, those suffering from this disability have rights under both Federal and State law.

For example, Narcoleptics qualify for reasonable accommodations in the workplace with their employer. Reasonable accommodations may include (but are not limited to): setting aside 20 minutes periods throughout the day to take a planned nap so as not to fall asleep during other periods of the workday, time off of work for medical appointments, and an area where the person can take these naps undeterred and without disruption.

Your employer must make an effort to accommodate your medical disability, they cannot simply fire you if you have a qualified medical disability. Further, you are protected from law from being harassed and discriminated against due to you disability. If you suffer from Narcolepsy, and you are experiencing harassment, discrimination, or are not receiving adequate accommodations for your disability, INA would make it illegal for health insurers to raise premiums or deny coverage based on genetic information, and would prohibit employers from using such information for decisions on hiring, firing, promotions or job assignments.

If you or a loved one have been fired or discriminated against at work due to narcolepsy, you should speak to an attorney as soon as possible. Call the Law Offices of Greenberg & Rudman LLP in California now for a free and confidential consultation at 1-800-252-9776. We are experienced attorneys who can help you learn your rights. You may be suffering from a disability, but you are not alone.

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There are many types of arthritis, whether it is Rheumatoid arthritis, psoriatic arthritis or even Septic arthritis. All kinds of arthritis can be debilitating and disabling when it comes to common tasks in the workplace. However, this does not mean that your employer has a right to discriminate against you or fire you due to your disability. Under Federal laws and California State Laws, Arthritis is a medical disability that is protected from discrimination. As such, you have a right to reasonable accommodations in the workplace that allow you to complete the tasks of your work, while accepting your disability.

To start with, you must disclose your disability to your employer. Your employer cannot help you if they do not know about your disability. Start by arranging for a meeting with your direct supervisor to tell them about your Arthritis and how it affects your work. This may mean that you complete tasks more slowly, or that you need breaks from repetitive motions such as typing or filing. Even adjusting your desk space and using a wrist bar when typing can be accommodations for your Arthritis. You should then arrange for an accommodations request with your employer. This means that you both discuss and arrange simple accommodations that will allow you to complete your job adequately, while taking into account the disability. Your employer is bound by law to make reasonable accommodations including missing work for doctor’s appointments, and giving you more time to complete painful tasks.

As long as your accommodations do not place an undue burden on your employer, they must make a reasonable effort to help you. If they do not, or you find that they are harassing you about your work, your disability, or even retaliating against you after you disclose your medical disability, you may be the victim of discrimination and harassment. If you have had problems after you tried to make your reasonable accommodations request to your employer, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.