The modern society that we live in is becoming more tolerant and accepting, but unfortunately, the disability discrimination in the workplace still exists around the world. In the United States, there are multiple state and federal laws such as Americans with Disabilities Act (ADA) that provide protection to disabled individuals from being discriminated or harassed at a workplace, and, as a matter of fact, in all areas of life including private and public places. Therefore, if you believe that you have become a victim of disability discrimination, you should consider initiating a legal claim against the employer by hiring an experienced employment discrimination lawyer.
What Is Disability Discrimination?
Disability discrimination can be referred to a prejudice or partiality behavior against a qualified individual, such as treating an applicant or employee unfavorably, solely due to their disability (or their prior history of disability).
In order for an individual to be protected under discrimination disability, they must be qualified for the job and have a disability condition defined as per the law. The latter prerequisite can be demonstrated in one of the three following ways:
An individual has a mental condition that considerably limits their life activity such as walking, seeing, hearing, talking, etc.
An individual has a medical history of a disability (for example, remission cancer).
An individual has a mental or physical condition that is not minor or transitory (expected to last more than 6 months).
If an individual is unable to demonstrate any of these 3 conditions, they may not be protected under the anti-discrimination law and may seek a different legal route. A competent employment discrimination lawyer can help you to establish that you suffer from a disability to help you get justice.
Protection Under Disability Discrimination Law
A qualified disabled individual is protected under anti-discrimination laws such as Americans with Disabilities Act (ADA). Here are some of the rights provided to a qualified individual to prevent disability discrimination at the workplace:
· The law prohibits discrimination pertaining to any aspect of employment; which includes, but not limited to, hiring, firing, salary, promotion, fringe benefits, training, amongst other terms of employment.
· The law forbids any sort of harassment against an applicant or employee due to their disability. For instance, passing offensive or derogatory remarks about their disability or any disparaging behavior that is frequent and severe, and may result in a hostile work environment.
· The law also requires an employer to provide ‘reasonable accommodation’ to a disabled job applicant or an employee, provided that doing so would not cause ‘undue hardship’ to the employer. The ‘reasonable accommodation’ may include a change in the work environment or providing assistance such as providing wheelchair accessibility at the workplace. The ‘undue hardship’ means that accommodation will be expensive or difficult to provide, assessed by taking employer’s financial resources and different other factors into consideration.
If you experienced discriminatory behavior due to your disability and are seeking a legal remedy, having an employment discrimination lawyer on your side can be invaluable for your case. From filing a claim to gathering evidence, your attorney will handle all the work pertaining to your case and ensure that your legal rights remain protected throughout the litigation process.
If you want to know more about this subject or want to schedule a free consultation with an experienced employment discrimination lawyer, it is highly recommended for you to contact the Law Office of Michael Smith.