Disability discrimination refers to the unfair treatment of individuals with disabilities or the failure to provide reasonable accommodations for individuals with disabilities.
In the United States, federal law prohibits disability discrimination in the workplace. The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination on the basis of disability in employment, public accommodations, and other areas of public life. The ADA applies to employers with 15 or more employees, and it requires employers to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship to the employer.
Reasonable accommodations are any changes to the workplace or the way work is done that would allow an individual with a disability to perform the essential functions of their job. Some examples of reasonable accommodations include:
- Providing special equipment or software
- Modifying work schedules or policies
- Allowing an employee to work from home
- Making physical modifications to the workplace
The ADA also prohibits employers from discriminating against individuals with disabilities in the hiring process, and it requires employers to provide equal opportunities for promotion and advancement to individuals with disabilities.
Q) How to know if you have a claim of disability discrimination against your employer?
A) Disability discrimination occurs when an individual is treated unfairly because of a disability or because of a perceived disability. If you believe that you have been the victim of disability discrimination in the workplace, you may have a claim against your employer.
To determine whether you have a disability discrimination claim against your employer, you should consider the following factors:
- Protected characteristic: Federal law prohibits discrimination on the basis of disability. If you are being treated unfairly because of a disability, or because you are perceived to have a disability, you may have a disability discrimination claim.
- Adverse action: To have a discrimination claim, you must have suffered some type of adverse action because of your disability. This could include being fired, demoted, or passed over for a promotion because of your disability.
- Non-discriminatory reason: Your employer may try to justify the adverse action by offering a non-discriminatory reason for it. To have a discrimination claim, you must be able to show that the real reason for the adverse action was your disability.
- Reasonable accommodation: Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to individuals with disabilities. If your employer failed to provide a reasonable accommodation that you requested, or if you were not aware of your right to request an accommodation, you may have a disability discrimination claim.
If you believe that you have a disability discrimination claim against your employer, you may want to consult with an attorney to understand your rights and options. An attorney can help you determine whether you have a valid claim and can assist you in pursuing your rights.
Q) What damages are available for my disability discrimination claim?
A) If you are successful in a disability discrimination claim against your employer, you may be entitled to damages. Damages are monetary compensation that may be awarded to you to compensate you for the harm that you suffered as a result of the discrimination.
There are several types of damages that may be available in a disability discrimination claim, including:
- Back pay: Back pay is the amount of wages and benefits that you would have received if you had not been the victim of discrimination. This includes the pay that you lost as a result of being fired, demoted, or passed over for a promotion.
- Front pay: Front pay is the amount of pay that you are likely to lose in the future as a result of the discrimination. This may be awarded if you are unable to return to your previous position or if you are unable to find comparable employment.
- Compensatory damages: Compensatory damages are designed to compensate you for the harm that you suffered as a result of the discrimination. This may include damages for emotional distress, lost opportunities, and other intangible losses.
- Punitive damages: Punitive damages may be awarded if the employer’s conduct was particularly malicious or reckless. These damages are designed to punish the employer and to deter similar conduct in the future.
The amount of damages that you may be awarded in a disability discrimination claim will depend on the specific circumstances of your case. An attorney can help you understand the types of damages that may be available to you and can assist you in pursuing the maximum amount of damages that you are entitled to receive.
Q) Are you an employee with a disability who has been denied reasonable accommodations by your employer? If so, you may have legal rights.
Our law firm is currently seeking plaintiffs for disability discrimination cases involving the failure to accommodate. If you have a disability and your employer has refused to provide you with reasonable accommodations, or if you have been subjected to discrimination because of your disability, we can help.
We are dedicated to fighting for the rights of individuals with disabilities and holding employers accountable for failing to comply with the law. If you believe that you have been the victim of disability discrimination, we can help you explore your legal options and fight for the justice you deserve.
If you are interested in learning more about your rights and options, please contact our office to schedule a free consultation with one of our experienced employment attorneys. We look forward to hearing from you and helping you get the justice you deserve.