Due to unfortunate events and accidents, individuals might undergo temporary or permanent disability. It may lead them to an inability to perform certain tasks, making it difficult for employees to rejoin their previous position or job. Disability discrimination occurs when an employee is not provided the opportunity to rejoin the workplace with the same dignity and job, or an employer refuses to provide an employee with an environment that allows for normal work. It is strictly prohibited under both the Illinois Human Rights Act and the U.S. Equal Employment Opportunity Commission guidelines.
Examples of Disability Discrimination
There are a variety of legal cases that provide examples of how disability discrimination can be understood. These examples help assess the need to file a claim with the U.S. Equal Employment Opportunity Commission if discrimination arises.
· Dismissal of an employee due to a recent disability-related absence,
· Dismissal due to an inability to rejoin the workplace on the same job, or rejecting employees to undergo redeployment interviews,
· Inability to provide effective accommodation, interpreter, or wheelchair support,
· Inability of an employer to provide a disabled person with effective redeployment opportunities,
· Verbal abuse, offensive remarks and negative feedback for the inability to perform a job,
· Refusal to pay fair pay, bonus, or overtime to an employee with a disability.
The Human Rights Act and the Rehabilitation Act prohibit employers from disseminating when employee compensation, training, job, benefits and assignments are involved. Additionally, employers cannot disseminate an employee whose spouse or relative is going through a disability that includes both physical and psychological.
Filling a Disability Discrimination Claim
An Americans with Disabilities Act (ADA) complaint can be filed with the Disability Rights Section (DRS) in the Department of Justice, the Illinois Department of Human Rights (IDHR), or the U.S. Equal Employment Opportunity Commission. After review of the complaint, an arbitrator, or an attorney can be assigned to act upon the complaint and seek damages for dissemination. Alternatively, an expert employment law attorney can be sought to file a discrimination claim and provide legal support in this process. It may take up to 10 months for EEOC to review the complaint through a mediation and investigation process before a verdict is given.