Daniel Chammas is experienced in dealing with ‘high stakes’ litigation.

1. What You Need to
Know About
Disability
Discrimination
Daniel Chammas

2. Daniel Chammas was quoted on SHRM Online
(Society of Human Resource Management) on the
rise in disability bias claims in California. According
to him, the rise in disability bias claims was mainly
due to an increased awareness on the part of the
plaintiff’s bar that California’s definition of a
protected disability is more favorable to
employees than the federal definition in the
Americans with Disabilities Act.

3. He believes that the economic situation is a contributing
factor to the rise in claims. He said that given the
number of layoffs that have taken place, “a lot of
workers are more desperate and willing to do more
things to try and keep their jobs.” He said that many
workers try to enclose themselves in a bubble, and think
that if they are away from work on disability leave, they
will not be touched. He added that if the worker is then
terminated by the company, they may go ahead and
claim disability discrimination.

4. Here are three things you need to know about disability
discrimination:
1. Covered Impairment
The disability impairment can be mental or physical; however,
pregnancy, weight and height, and homosexuality are not
considered as disabilities, though pregnancy falls under
another category of discrimination.

5. 2. Covered Employer
If your employer has more than 15 employees, only then is it
bound by the Americans With Disabilities Act. Your state or
county might have other anti-discrimination laws for smaller
employers.
3. Major Life Activities
Your disability should limit you from performing major life
activities such as walking, caring for yourself, hearing, seeing,
performing manual tasks, standing, sitting, working, thinking,
lifting, breathing, concentrating, interacting with others, and
learning.

6. According to Daniel Chammas, “If you are on leave
for a condition that keeps you from working at
your job, you can make an argument that you are
disabled and your employer has to reasonably
accommodate you.”