Local Law Firms Home > Employment Law Overview > Employment Disability Discrimination Overview

Employment Disability Discrimination Overview

When an employer treats an employee unfavorably due to his or her disability, the employer may be held liable for disability discrimination. The Americans with Disabilities Act and the Rehabilitation Act provide protections for employees suffering from a disability as well as those that have a history of a disability, either physical or mental. Employers are prohibited by law from discriminating against disabled individuals in regard to hiring, firing, pay, promotions, training, job assignments, benefits, and layoff. It is also against the law for an employer to base the terms and conditions of an individual's employment on the individual's disability. Any offensive remarks about the employee's disability or any other forms of harassment are a violation of the employee's rights. Disabled individuals that have been the victim of discrimination need the help of experienced and skilled disability discrimination lawyers.

Do you have additional legal questions about employment law? Our employment law attorneys can help! Contact an employment lawyer today!

Understanding the Definition of Disability

Simply because an individual has a medical condition, they are not automatically protected by disability laws. In order to be protected under disability laws, the individual must be qualified for the job in question and suffer from a legally defined disability. There are three ways in which individuals can demonstrate they suffer from a disability. These three ways include:

• Demonstrating a physical or mental impairment that significantly limits essential, daily life activities such as seeing, hearing, talking, and walking
  
  
• Providing evidence of a history of a disability. For example, individuals with cancer this is in remission have a history of a disability that will be evidenced by their medical records.
  
  
• Having a minor mental or physical condition that is expected to last less than six months

When employees can show that they do in fact suffer from a disability, they will be protected by established disability laws. Disabled employees that have been subjected to disability discrimination in any way will benefit from the legal counsel and guidance of knowledgeable disability discrimination attorneys.

Reasonable Accommodation Requirements

One way in which disabled employees are discriminated against is when employers fail to provide the employee with reasonable accommodations. In accordance with EEOC guidelines, employers are required to make a reasonable effort to provide qualified employees with the reasonable accommodations they request. For example, if a disabled employee is unable to perform the tasks required in their current position, a reasonable accommodation could include reassigning the employee to a vacant position in which the employee will be able to perform essential job functions. Disability discrimination law firms can aid disabled employees in determined what constitutes reasonable accommodations and ensuring these reasonable accommodations are fulfilled by their employer.

Filing a Disability Discrimination Claim

Employees that have been the victim of disability discrimination have 180 days from the time of the alleged act to file their claim with the EEOC. Disability discrimination law can be quite complex and complicated, and for this reason it is highly recommended that disabled individuals retain the services of disability discrimination attorneys. Attorneys employed by disability discrimination law firms will endeavor to recover any economic losses to which the employee may be entitled. Disability discrimination lawyers may also seek compensation for things such as emotional trauma, physical suffering, and punitive damages. These attorneys will make the disabled employee's best interests their top priority and will make certain the employee receives the money they deserve.

Do you have additional legal questions about employment law? Our employment law attorneys can help! Contact an employment lawyer today!

• Department of Justice Files Lawsuit Against UCSD Medical Center for Employee Discrimination - The Department of Justice filed a claim against UCSD Medical Center for discrimination against workers who are not citizens of the United States.

• Worker Sues For Benefits and Monetary Compensation - A third law enforcement official in Fair Lawn this year has recently filed a lawsuit for supposed "unlawful employment practices."

• Hawaii to Receive Grants To Help Workers with Disabilities - The state of Hawaii will receive $2,923,674 to develop services at two one-stop career centers that offer training, job opportunities, and education for unemployed individuals with disabilities

• Employee Discriminated Against For Weighing 600 Pounds - The United States federal government has filed a lawsuit against BAE Systems Inc. claiming that the corporation terminated a worker for being extremely overweight.