Derek Smith Law Group / Employment Law / Disability Discrimination / Disability Discrimination Attorney Philadelphia

Disability Discrimination Attorney Philadelphia

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What Is Discrimination Based on Disability in Philadelphia?
Contact Our Experienced Disability Discrimination Attorney in Philadelphia for a Free Consultation
Different Types of Workplace Discrimination Cases We Handle:

Disability discrimination in Philadelphia occurs when an employee or job applicant is treated unfairly or harassed by an employer/CEO, supervisor/manager, co-worker or fellow employee, or non-employee based on his or her known or unknown disability. This is illegal and should never be tolerated. For over 25 years, the experienced attorneys at the Derek Smith Law Group have worked with victims of disability discrimination in Philadelphia to get them the compensation they deserve.

What Is Discrimination Based on Disability in Philadelphia?

Disability discrimination in Philadelphia is when an employee or job applicant is treated unfairly or harassed by his or her employer CEO, fellow employee, manager, customer or client, vendor, or other non-employee of the company. Disabilities can include easily identifiable issues or medical issues that are not easily seen, such as (but not limited to):

Diabetes
Cancer
Heart disease
Post-traumatic stress disorder
Mental health disorders
ADHD
Dyslexia
Downs Syndrome
Muscular dystrophy
Multiple Sclerosis

Alcoholism or substance abuse disorders
Blindness
Deafness
Autism
Chronic Migraines
Chronic Pain Disorders
Anxiety
Depression
Wheelchair-bound due to physical disabilities
HIV

What Laws Protect Employees from Disability Discrimination in Philadelphia?

The Americans with Disabilities Act (ADA) is the main federal law that protects an employee or job applicant from disability discrimination by an employer, supervisor, co-worker, or non-employee. If the disability is covered, and the employer has 15 or more employees, they must provide reasonable accommodations for the employee’s or job applicant’s disability. Reasonable accommodations could include:

Providing equipment or services that enable the employee to do his or her job
Restructuring the job to avoid non-essential tasks the employee or job applicant may be unable to do with his or her disability
Modifying an employee’s work schedule or offering a part-time option
Modifying training materials or company policies
Reassigning an employee to a vacant position
Addressing workplace accessibility issues

In addition to the ADA, Title VII of the Civil Rights Act of 1964 will also protect employees who work for employers of 15 or more employees from discrimination based on disabilities.

In addition to federal law, the Pennsylvania Human Relations Act (PHRA), protects employees or job applicants of employers with 4 or more employees from disability discrimination in the workplace.

What Are Examples of Disability Discrimination in the Workplace in Philadelphia?

Disability discrimination in the workplace in Philadelphia can take many forms. Some examples of workplace disability discrimination include:

Refusal to hire due to disability
Forcing a job applicant to take a medical exam before offering a job
Denied promotions you are qualified to receive because of your disability
Receiving less pay than similarly positioned employees because of your disability
Failure to make a reasonable effort to accommodate disability
Making jokes about disabilities
Wrongful termination due to disability
Retaliation against you for reporting jokes or hurtful comments about disabilities
Refusal to provide you enough hours or proper information to allow you to obtain employee benefits
Denying you benefits for your spouse who is disabled
Denying you the right to work on a project because of your disability
Denying you proper accommodations to access public accommodations
Creating events or training in a location that does not provide access to anyone with disabilities
Requesting medical records as part of the hiring process
Retaliation for taking time off to help a disabled family member
Spreading information about a disability to others in the office without permission of the employee
Continuing to call an employee derogatory names relating to his or her disability even after the employer has learned of the disability

What Is the Statute of Limitations to File a Claim for Disability Discrimination in Philadelphia?

If your claim is filed under the laws of the ADA, a victim of disability discrimination in Philadelphia has a time limit of 2 years after the last incident of discrimination. However, if the employer “willfully discriminated” against you, you would have 3 years to file the claim.

Title VII is governed by the Equal Employment Opportunity Commission (EEOC). The EEOC provides a time limit of 300 days from the date of the last incident of discrimination to file your claim in federal court.

Finally, PHRA is governed by the Pennsylvania Human Relations Commission (PHRC), which provides a time limit of 180 days from the last incident of discrimination to file a claim. In Pennsylvania, you can file the claim with the PHRC and they will file a claim with the EEOC to ensure you are given all opportunities to have your case in the court best suited for your client.

What Remedies Are Available Through the Courts for Disability Discrimination in Philadelphia?

When filing a claim for workplace disability discrimination in Philadelphia, it is only natural to ask about the remedies available. After all, you have been victimized and deserve justice. The courts may offer monetary remedies and/or injunctions (actions) to help make sure you are getting the justice you deserve. Some of the remedies may include:

Reinstatement of employment and/or benefits
Reimbursement of benefit premiums
Reimbursement of medical bills and other related expenses
Back pay
Future pay
Installation of proper accommodations
Review and revamp company policy
Attorney’s Fees
Pain and Suffering
Emotional Distress

Punitive Damages,which are damages intended to “punish” the employer. These damages can be based on, in part, the nature of the action, whether this is a first offense, and the gross profits of the company.

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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

Sambiz Amini

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

Phyllis Parker

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.

Wally Peczon

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

Seedie Whiser

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

Rae Millstone

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What Is the Length of Time a Disability Discrimination Lawsuit Lasts?

The length of time for a lawsuit varies on several issues. Typically, a disability discrimination lawsuit can last anywhere from 4 to 6 months to 1 year or longer. If the case settles out of court because your employer is willing to negotiate a fair settlement, it will likely take only a few months.

However, if the defendant does not want to settle and would rather go to trial, the case can take a year or longer for the process and trial to be completed.

A Few Things You Can Do Right Now

If you are facing discrimination for your disability, here are the steps you should take that may help end the discrimination and will make your case as strong as possible if you decide to take legal action:

Contact a disability discrimination attorney in Philadelphia immediately!
If your company has an internal policy for complaints, be sure to follow it. It may not protect you at work (that’s what we are for!) but it will help preserve your claim.
Make sure you report any wrongdoing or discrimination to your Human Resources (HR) department if you have one.
Put all communications about discrimination in writing. If you speak with HR or your superiors about it, be sure to follow up with an email recapping your conversation.
Gather and secure any evidence you can. This includes each incident, who was involved, when and where it occurred, what was said or done, who was involved, and who witnessed the incident.
Do not quit your job. If you have not been fired, quitting will weaken your disability discrimination case.

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 Attorney in Philadelphia for a Free Consultation

Every employee and job applicant is entitled to be considered for employment and have positive working experience, regardless of disabilities.

If you are the victim of disability discrimination in the workplace in Philadelphia, the experienced attorneys at Derek Smith Law Group can help.

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Did You Experience a Violation of Your Employment Rights?

Do You Have Questions About Your Legal Rights at Work? Please call us at 800.807.2209 or email derek@dereksmithlaw.com to Learn More About Your Rights.

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