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.
- You apply for a job in Pennsylvania that drug tests. You inform the employer you use medical marijuana with a prescription. The employer refuses to hire you citing your use of prescribed medical marijuana.
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:
- Complications relating to pregnancy
- Missing limbs
- Drug and Alcohol abuse disorders
- Multiple Sclerosis
- Muscular Dystrophy
- Downs Syndrome
- Heart Disease
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
- Reviewing and revamping of company policies
- Attorney’s fees
- 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.
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.
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!