This type of discrimination means that you were treated differently in the workplace due to your disability, whether it was perceived or real. Additionally, if you associated with a disabled person and were discriminated against for it. Some examples of disability discrimination include, but are not limited to:
If you have experienced any of the above, you may have been discriminated against. We recommend that you talk with us soon about your experience. We will be able to find you the help that you need.
It is important to note that you are also protected under these laws if you were a victim of discrimination because of your association or relationship with a disabled person. Be sure to act if you notice any form of disability discrimination taking place at your job. We are here to help you throughout the entire process.
There are several forms of disability discrimination. These are some of the ways that it might occur:
This is when you are treated less favorably than your coworkers due to your disability. For example, you are not given the same choices as your coworkers. This would be a direct form of disability discrimination.
This form of disability discrimination occurs when there is a policy that impacts people with disabilities. You may notice them if you are disabled, but a coworker may not. It is important to bring these situations up with employers if you would like to see changes being made.
For example, your employer makes it harder for people with learning disabilities to access certain information. This is illegal unless the employer can state a significant reason for the decision.
Sometimes, it can be hard to tell if you are a victim of indirect discrimination. We recommend that you talk with our disability discrimination experts. They can determine right away what happened if you recount all of the details to them.
Your employer should be able to make reasonable adjustments and accommodations for you. For instance, a disabled person may need to have a parking spot closer to the building. These sorts of accommodations should be handled by your supervisors after you ask. We recommend you ask politely in writing and save a copy for your own records.
Harassment can occur in a number of ways. If your employer and coworkers know about your disability and taunt you over it, that would be disability discrimination. Additionally, they may make you feel uncomfortable while at work. If this is happening, then you can make a disability discrimination claim.
In most cases, you can not be forced by an employer to take a medical exam before being offered the job. Once you are hired, and the employer has a substantial reason to make you take an exam, they likely can.
However, this is only allowed if it is job-related. Other employees should also be taking medical tests of the same type. You can not be singled out for an exam due to you having a disability or even a perceived disability.
If you are being forced to take a medical exam and are not sure whether or not it is legal, be sure to reach out to our team. We are very familiar and experienced in handling disability discrimination cases, so we are very confident that we will be able to help you.
Essential job functions are fundamental duties that you must be able to perform at work. You can also perform them with a reasonable amount of accommodation. An employer is allowed to refuse to hire you if you can not perform those duties, without it being considered disability discrimination.
For instance, a grocery store bagger can no longer lift an item more than five pounds. They would not be protected under disability discrimination laws if they were fired. This is due to their main duty being to move heavy groceries and other items into bags. If they could not perform that task, the employer could not be in legal trouble when firing them.
Overall, there are plenty of different essential job functions out there. You will want to be sure that you know exactly what the qualifications for your job are before you file a disability discrimination claim. We can assist you.
However, you can still file a disability discrimination if you asked for reasonable accommodation to continue working. If you asked in writing and the employer denied you, you will be able to file for disability discrimination.
That is why we recommend that you keep a paper trail any time you ask for accommodations with your employer.
If you’re here, it’s because you are trying to figure out your next steps. Maybe you’re not sure if you should even go to court. Maybe it all looks too complicated. Don’t let that stop you. Many of Bear Republic Law Firm’s cases involve employees that are just trying to do their best, and their employer is not helping them at all. Some are worried about backlash from their employer. Or that they’ll have a harder time finding a new job.
They hear about the cases where the person discriminated against is made public. In this day and age, employers need to face the consequences of their actions. Otherwise, we all lose. Bear Republic Law has handled many of these cases and can advise you on how to handle it. This is a free, private, and no-obligation consultation. A disability discrimination attorney will discuss the facts and help you determine the best path to take. But we can only do that if you give us a call.
