A Voice for the Unheard

Home $ Employment Law $ Disability Discrimination

Disability Discrimination Is Illegal Under Both Federal And State Law

The Americans with Disabilities Act — ADA — prohibits discrimination on the basis of disability. It covers all employment practices, from hiring through firing. Disability discrimination is against the law in hiring, deciding promotions and many day-to-day employment situations. If you feel you have been the victim of discriminatory job actions because you are disabled or someone perceived you to be disabled — you may have legal recourse.

We can explain fully how federal law defines illegal disability discrimination and how it defines a disability. Here is a brief summary of the definitions:

A disability can be physical or mental illness. A person is considered disabled when they are impaired, or limited in doing major life activities that most people can do easily or with little difficulties, such as seeing, hearing, walking or learning (there are several other examples).

  • It is also considered to be disability discrimination if an employer takes a job action or makes a hiring decision based on a perceived disability.
  • Actual disabilities can also involve functions such as an impaired immune system, or gland or nervous system.

It may be discriminatory behavior if a person is qualified but has been rejected or passed over in the workplace because an employer or supervisor perceives that a disability would limit a person from doing the job. If you have the skill, experience, education and other job-related abilities, you should be considered as equally qualified for the job as any other employee.

Failure To Provide Reasonable Accommodations For Disabled Workers Is Illegal

It is also considered disability discrimination if an employer has not made what is called “reasonable accommodations” so that a qualified, disabled person can accomplish a job. The list of accommodations is long, but some examples include modifying a work schedule; modifying certain existing equipment; making facilities accessible to people with disabilities, etc. Reasonable accommodations must also be made for a person with disabilities who are applying for a job. If a claim has been successful, an employer may be ordered to make reasonable accommodations or may be ordered to hire the person making the claim and sometimes money damages must be paid.

Disability discrimination claims are handled by the EEOC (Equal Employment Opportunity Commission) for all employees except those of the federal government, and I can handle those procedures for you as well. There is a set period of time that you have to file a claim of disability discrimination.

Learn About The Options Available To You

Call our office at 888-288-9787 or email us to learn how quickly you must act and to schedule an appointment. It is an administrative process first, then there can be hearings and appeals, and our attorney is also experienced in handling cases in state and federal courts. If you believe that an employer or potential employer has acted with bias toward you because of a disability, call our office to speak with one of our employment law attorneys immediately. Your initial discussion is free, and you may learn about your options.

The discussion of remedies on this web page is general in nature and does not imply or promise an outcome in any case.