Employment Legal Help If you believe that your rights as a disabled worker were violated, you may be able to pursue a claim against your employer for disability discrimination in the workplace. If you have been discriminated against as a disabled person, then your employer has been in violation of the Americans with Disabilities Act (ADA). If you can prove that this happened and the ADA was violated, you can have a successful claim and recover compensation for your damages.
Disability discrimination cases can be challenging, so you will want to enlist the help of a knowledgeable attorney who practices employment law and who is familiar with disability discrimination matters. Be sure to consult with an attorney as soon as possible, so you can make sure all documentation and evidence are gathered in a timely manner.
What is the ADA?
The Americans with Disabilities Act (ADA) is a civil rights law enacted by Congress in 1990 to prevent discrimination based on disability. It guarantees an equal opportunity to individuals with disabilities in employment, public accommodations, government services, telecommunications, and transportation. The ADA includes both mental and physical conditions. The condition doesn’t have to be permanent or severe to be covered by the ADA. Some of the conditions that are included are mobility impairments requiring a wheelchair, intellectual disabilities, blindness, deafness, cancer, autism, diabetes, epilepsy, MS, bipolar disorders, schizophrenia, PTSD, HIV, major depressive disorder, and muscular dystrophy.
Proving You Were Discriminated Against Because of Your Disability
To prove that you were discriminated against because of your disability, you must prove that your condition meets the definition of disability. A disability is a mental or a physical condition that limits a person’s activities, movements, or senses. It can be considered a handicap or a disadvantage, especially one that is recognized or imposed by law. As an example, if you have bipolar disorder and are in a manic episode, or you have undergone back surgery and you are in a wheelchair.
You will need to gather supporting evidence to prove that you were discriminated against for your disability. You will need to show that the employer was either lacking the needed accommodations or denied your request for them. That you were not paid properly or denied a promotion because of your disability despite your qualifications. Also, be sure to ask for any witnesses to provide statements if you were harassed or discriminated against.
The ADA says that employers must meet the requirements of any accommodations you request unless it will provide harm to the business. The EEOC indicates that a reasonable accommodation request includes changes in the work environment or business operations that help a disabled person while performing job duties or enjoying the benefits of the position or applying for the job.
When the employer doesn’t properly respond to your accommodation request, they can be held in violation of the ADA. It is imperative to make the request properly and to make sure your request is reasonable. Any request that is believed to be too expensive or too difficult for a business of that size and its financial resources may not stand up in court.
Because of the complexity of such cases, you should enlist the help of a disability discrimination attorney who is licensed to handle employment law claims in your state. With the help of a lawyer, you are much more likely to recover your damages and have a successful claim against your employer.
How An Attorney Can Help Prove Disability Discrimination
If you have been the victim of disability discrimination from your employer, you should enlist the help of a disability discrimination lawyer in your state. When you hire a lawyer to represent you for disability discrimination, you will not have to pay anything out of pocket. Instead, your lawyer will take the case of the contingency basis, which means that your attorney is not going to be paid for his or her services until you win your claim.
An attorney will review the details of your case, conduct a thorough investigation into your claim, and then gather supporting evidence and documentation to prove that you were the victim of age discrimination in the workplace. Your lawyer will then file a complaint with the proper agency and then file a lawsuit against the employer demanding damages for your losses, such as any past or future loss of earnings, mental anguish, and so forth. When you have a lawyer representing you, you are much more likely to have the evidence and documentation needed to get your claim on the right track.