Discrimination against employees with disabilities is a serious problem in the United States. Regardless, various federal laws protect employees with disabilities from discrimination, including the Americans with Disabilities Act (ADA).
However, standing your ground against discrimintation can get taxing. If you have been subjected to disability discrimination at work, a disability lawyer can help you understand your rights and options under the law. A disability lawyer is one with the expertise to defend people with disability in court.
Likewise, you can also get cash rewards, on the grounds that you are being discriminated. Your lawyer can help you gather evidence and build a strong case against your employer. You may be able to recover lost wages, benefits, and other damages.
Also, not all disability discrimination cases need a lawyer. However, if you have a severe disability that keeps you from working, get a lawyer that can file a claim for Social Security Disability (SDD) benefits. These benefits can pay for your needs for as long as a year.
To raise your chances of success, the SDD lawyer can compile the needed medical reports and paperwork for your case.
So if you are unsure that you have a case, this article is here for you. But first you need to know what ADA law is. Read on.
What Are the Americans With Disabilities Act (ADA)?
ADA is a civil right law that bans any form of injustice to people with defects in all areas of public life. The areas of life include school, transport, and home. It also consists of an important area of life, which is work.
As a disabled person who can work, ADA law protects you from injustice in all work areas. The areas include:
- Promotions.
- Training.
- Work tasks.
- Hiring.
- Firing.
- And all work-related activities.
What Is Disability Discrimination in the Workplace?
Disability injustice in a workplace is when an employer treats their disabled employee as though they were any less qualified than a person without a disability. It doesn’t matter if the person is an employee or an aspirant for work.
The unfair treatment may include barriers to hiring or place of business. It can also include workplace bullying.
If you feel you are getting treated that way because of your disability, you can have your rights protected legally. Defect injustice can appear in a variety of ways, not all of which are obvious.
Below are some of the ways discrimination at work can show up:
Bullying a Disabled Person at Work
Bullying is a big problem in any workplace and it has major effects on its victims. But, most times, you can decide to place a rule asking them to stop the bullying.
However, placing a rule is not good enough. So ensure to hold your employers and colleagues liable for any bullying. You can hire a disability lawyer and take legal action against them.
Below are some examples of workplace bullying. The examples will help you see what the laws protect you from:
- Physical abuse, such as hitting you.
- Verbal abuses, such as mocking or jokes.
- Telling you to perform tasks you cannot perform due ito your disability.
- Considering your disability as a factor in how you get treated.
- Always assuming the worst about your ability.
- Making annoying remarks or inquiries at work about your condition.
While most bullies shy away from physical abuse, it can still happen. Your well-being should of top priotity of both yourself and the organization that hires you! As such, you need to protect your life by taking legal actions against all forms of abuse.
Discrimination Due to Your Past Record of Disability
Imagine you once were disabled and somehow managed to overcome it. You may feel safe since you no longer have a disability. But the truth is that discrimination may not always stop even if your flaw vanishes.
Most people will still mistreat you due to your former condition. For instance, you were due for promotion but then discovered you had cancer. After you recover from cancer and return to work, your employer can’t give you that promotion anymore.
The reason is that they are afraid cancer will return. Also, the employer may deny you some health insurance out of fear that it will cost them extra money.
Even if the debilitating conditions are no longer present, the effects of disability discrimination are never easy for the employee. For this reason, the ADA safeguards once-impaired employees. ADA also gives them the tools they need to fight against unfair treatment.
So ensure to call a disability lawyer as fast as possible when in such a situation. The lawyer is the one capable of giving you the justice you deserve.
Discrimination During Hiring Process
Discrimination against people with disabilities during the hiring process is evident. It happens when an employer favors another applicant because they do not have a disability, even if they are less qualified.
For example, let’s say you are the perfect applicant for a job. However, during the interview, the employer figures out you have a disability. Then, although you are the best, they chose someone else so they won’t have to deal with any disability-related concerns.
However, under ADA’s workplace discrimination rules, this type of injustice against you is considered illegal. Everyone must get equal treatment during the hiring process. But if your employers fail to do so, you can take up the matter legally with them.
Terminating or Demoting a Worker Due to Disability
If the organization you work for decides to demote you to a lower rank or fire you because of your disability, thats discrimination. In all, there is no justification for such actions, especially if you are still qualified for your job. If they start taking specific actions, such as:
- Getting you dismissed or demoted from your position.
- Alter your timetable or reduce your hours.
- Removing you on high-priority projects.
- Excluding you from perks that other workers receive.
- Taking unjustified steps to discipline you.
- Lowering your wages.
These actions cause mental and emotional pain apart from your career getting sidetracked. So it’s best to file a case of disability discrimination. The best thing is that you don’t have to worry as the law is by your side.
Bottom Line
Know that your disability puts you in a tough situation. It’s hard enough that you must perform the same duties as your coworkers who do not have to deal with the challenges of your condition. On top of this, when the employer mistreats you, that needs to cease right away.
Most people also fear repercussions from their employers should they report instances of discrimination. Remember, you have the right to self-defense.
With the forms discussed above, you now know if your case falls on any of the aforementioned categories. Overall, hiring a disability lawyer to defend you in court is the best option. Thus, you’ll be in a stronger position.
The reason is that these lawyers are well-versed in the in and out of the disability injustice laws. They might also give you examples of other forms of disability discrimination and come up with a solution that benefits you and gives you the confidence you deserve. Good luck with your case.
