Derek Smith Law Group / Employment Law / Disability Discrimination

Disability Discrimination

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TABLE OF CONTENTS

Disability Discrimination in the Workplace
Disability Discrimination Attorneys Helping Disabled Employees Combat Discrimination for Over 25 Years
What Is Disability Discrimination?
What is a Covered Disability?
What Are Reasonable Accommodations as Required by the ADA?
What Laws Protect Victims of Disability Discrimination at Work?
How Long Do You Have to File Your Disability Discrimination Claim?
What Remedies Are Available to Victims of Disability Discrimination?
Will My Disability Discrimination Claim Settle Quickly?
How Can the Derek Smith Law Group Help Your Disability Discrimination Claim?
Contact Our Experienced Disability Discrimination Attorneys for Your Free Consultation
Did your employer fire you instead of providing reasonable accommodations in the workplace? Did you deal with constant harassment at work because of your disability? Please let us answer your questions and help you stand up for your rights. Call 800.807.2209 for help.

Disability Discrimination in the Workplace

Disability Discrimination Attorneys Helping Disabled Employees Combat Discrimination for Over 25 Years

Disability discrimination affects many employees and job applicants in the workplace. It targets anyone at work who suffers a qualified disability as outlined in the Americans with Disabilities Act Amendments Act (ADAAA).

Employers violate the ADAAA when they make negative employment decisions against employees or job applicants because of their qualified disability. They may take it a step further with retaliation when you try to ask for a reasonable accommodation for your disability.

As a victim of disability discrimination, you deserve an employment discrimination lawyer that will help you stand up for your rights. The dedicated disability discrimination attorneys at the Derek Smith Law Group will advocate for your rights to work in an ADAAA friendly workplace.

What Is Disability Discrimination?

Disability discrimination happens when an employer, CEO, supervisor, manager, co-worker, client, customer, or non-employee makes unfair employment decisions for an employee or job applicant because of a covered disability. These decisions can include harassment and refusal to make proper accommodations. Some examples of disability discrimination may include, but are not limited to:

Your boss refuses to accommodate your need to sit between tasks due to your documented disability.
Your employer will not provide a ramp for you to access your office now that you are in a wheelchair.
Your CEO fires you because he learns you have HIV.
Your employer demotes you while you are in rehab for alcohol addiction.
A client refuses to work with you because you are in a wheelchair.
Your boss denies you shifts because you needed to go to the doctor for your hearing aid adjustments.

Your co-worker constantly makes rude and obnoxious comments to you regarding your child with autism.
Your boss refuses to accommodate your need for large print materials.
You require noise-canceling headphones as part of your medical diagnosis. Your boss refuses to let you wear them in the office or workshop.
You become the victim of wrongful termination when your boss fires you for requesting an ergonomic chair and computer set up to offset your arthritis.
Your boss demotes you because you have MS and can no longer lift more than 50 lbs. Heavy lifting is not part of your job description.

What is a Covered Disability?

The Americans with Disabilities Act Amendments Act (ADAAA) protects employees with a covered disability from discrimination and harassment. Employees must work for a company with 15 or more employees to receive protections under the law.

The ADAAA defines a covered disability as a “physical or mental impairment which substantially limits one or more major life activities.” These impairments can be chronic illnesses, physical ailments, missing limbs, learning disabilities, mental health disorders, or issues that require medical equipment to correct.

Examples of covered disabilities include, but are not limited to:

Diabetes
Complications relating to pregnancy
Cancer
HIV/AIDS
Autism
ADHD
Missing limbs
Paraplegic
Wheelchair-bound
Autism
Dyslexia
Drug and Alcohol abuse disorders
Narcolepsy
Epilepsy
Multiple Sclerosis
Muscular Dystrophy
Blindness
Deafness
Downs Syndrome
Heart Disease
Depression
Anxiety
Schizophrenia

What Are Reasonable Accommodations as Required by the ADA?

The ADAAA requires employers to make reasonable accommodations for employees with disabilities. The accommodations do not need to cause undue hardship, such as causing the company to go bankrupt or forcing the company to fire another qualified employee. However, accommodations need to be a good faith effort to adhere to the law.

Some examples of reasonable accommodations may include, but are not limited to:

Providing accessible accommodations
Adjusting work schedules for doctor appointments and limitations
Providing modified equipment as needed
Modifying testing policies and materials
Modifying training materials
Providing qualified readers
Modifying job tasks

What Laws Protect Victims of Disability Discrimination at Work?

The ADAAA is the federal law that prohibits disability discrimination in the workplace with 15 or more employees. Under the ADAAA, you have the right to file a claim with the Equal Employment Opportunity Commission (EEOC).

The EEOC will issue you a Right to Sue letter. This letter allows you to file a complaint in federal court.

Most states have comparable disability discrimination laws. Some states require as little as one employee to enact protections.

As a victim of disability discrimination, you may choose to file your claim under state laws. In these cases, you may file a claim with the state agency or directly with the state court in most states.

When you work with the disability discrimination lawyers at the Derek Smith Law Group, we can help you determine the best laws suited for your claim. Our zealous attorneys will help you file your claim with the EEOC or state courts, depending on your case details.

How Long Do You Have to File Your Disability Discrimination Claim?

The statute of limitations to file your claim depends on how you decide to file. If you wish to file a federal claim under the ADAAA, you must file with the EEOC. The EEOC’s time limit to file a claim is 180 days. However, if your state has a law prohibiting disability discrimination in the workplace, you have 300 days to file your claim.

If you choose to file a state disability discrimination claim, you may have anywhere from 180 days to several years. However, some states may offer a reciprocal option. A reciprocal agreement means you can file with the EEOC, and the claim automatically gets filed with the proper state agency, and vice versa.

Contact an experienced disability discrimination lawyer to ensure you do not miss the time limit to file your claim with the appropriate agency or court.

What Remedies Are Available to Victims of Disability Discrimination?

The courts look to provide financial relief and other forms of relief to victims of disability discrimination at work.

They may offer some of the following remedies if you are a victim of disability discrimination in the workplace:

Reinstatement of employment and/or benefits
Reimbursement of related medical expenses
Institution of proper accommodations
Attorney’s fees
Reviewing and revamping of company policies
Court fees
Future and Back pay
Emotional distress
Punitive damages

The employment discrimination attorneys at the Derek Smith Law Group can help you draft your demand letter for the courts. They will help you request all the remedies that will help you resume your life.

Will My Disability Discrimination Claim Settle Quickly?

Some disability discrimination claims settle in as little as four to six months. Some employers willingly settle claims before they ever get filed with the appropriate agency. They do not wish to go through a drawn-out process that costs a lot of money and takes a lot of their time away from work.

However, many cases may settle within a year or two of filing your claim. Your attorney will work to negotiate a fair settlement with your employer. The goal is to settle the claim efficiently and effectively and keep everyone out of litigation. In some cases, litigation is unavoidable. In those cases, your case may still settle. Yet, it may take several years. Some cases can take ten years or longer until the court enters a final judgment.

Call the dedicated attorneys at the Derek Smith Law Group to help negotiate a settlement with your employer to end the process sooner rather than later.

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

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Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

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Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

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Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

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Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

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How Can the Derek Smith Law Group Help Your Disability Discrimination Claim?

The Derek Smith Law Group lawyers have extensive experience helping clients file, settle, and litigate cases regarding disability discrimination in the workplace. Our qualified advocates understand the ADAAA and state disability laws. They have spent time learning how the laws apply to your employee rights. From the moment you walk into our office, we will work with you to understand your rights. We will help you file your claim with the proper agency. We can help you determine the laws that best support your claim, making a strong argument from the first filing.

While we attempt to settle your claim quickly and fairly, sometimes, employers like to go to trial. When that happens, we stand by your side, arguing fiercely for your rights. Our lawyers take pride in fighting for employee civil rights. If you are disabled, you should receive proper accommodations to help you do your job. We will not back down until the courts help your employers understand these rights.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced Disability Discrimination Attorneys for Your Free Consultation

No employee or job applicant should be harassed or treated unfairly because of a disability. Your employer has an obligation to treat you as he would any other employee. He has an obligation to protect you from discrimination in the workplace from himself and his staff. If your employer ignores his responsibility, you have the right to seek justice. As the victim of disability discrimination in the workplace, you deserve a qualified and compassionate discrimination attorney. You deserve the disability discrimination lawyers at the Derek Smith Law Group.

Do not waste another minute. Contact us today at (800) 807-2209 for your free consultation. We never collect payment until we recover for you! Did your employer fire you instead of providing reasonable accommodations in the workplace?

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