- Do you face wrongful termination because of your disability?
- Is your boss refusing to make a few simple changes that would make your disability a non-issue?
- Have you been forced into a dead-end position since you became disabled?
Federal and state laws forbid discrimination against employees based on their disabilities — or their perceived disabilities. The Americans with Disabilities Act (ADA) and the Rehabilitation Act both offer protection to employees with an impairment that substantially limits a “major life activity” such as walking, sitting, standing, or hearing. If you can perform the essential functions of your job, even if it requires some “reasonable” accommodation to do so, you’re protected under federal law.
What’s a reasonable accommodation? Certainly the term includes classic measures such as wheelchair ramps — but it also might mean a modified work schedule, some specialized training, or a change in duties. Unless such tweaks would impose “undue hardship” on your employer, you’re entitled to any adjustments that will help you to work effectively.
If you’ve been wrongfully fired because you sought a workplace accommodation, federal law may help to restore your career and reputation.
It is also important to know that employment discrimination against an individual because of their disability can take many forms. The following are most common:
- Failure to accommodate
- Non-selection for a position
- Non-promotion for a position
- Unequal training
- Job assignments
- Pay
- Firing
- Different performance standards
- Layoff
- Fringe Benefits
- Harassment
- Any other term or condition of employment.
If you think your employer is denying you an equal opportunity to succeed at your job by denying you a reasonable accommodation, you should talk with a lawyer who is familiar with disability law.
The interactive process can be frustrating. By talking with a lawyer, you can learn whether your employer’s requests for medical information are appropriate or abusive. You may significantly limit your ability to preserve your rights if you do not participate in good faith or if you withhold certain information from the employer.
If you need help requesting an accommodation or if you think you have been discriminated against because of your medical condition, you have deadlines by which you must file a charge of discrimination. These deadlines depend on where you worked (or where you applied for a job, if you were an applicant). If you are an employee or applicant with the federal government or D.C. government, special rules apply.
Lisa can represent you. You must file a charge of discrimination with the Equal Employment Opportunity Commission or with your local human rights office. The rules and procedures of each office are very different, so it is important that you talk with a lawyer to understand your rights and obligations.
If you think you have been the victim of disability discrimination, or if your employer is not cooperating with you to provide an accommodation, and want to know your rights and options, contact us. During an initial consultation, we can evaluate whether you may have an employment discrimination claim, how to pursue and protect your rights, and identify what remedies may be available for you.