To be treated unfairly due to a disability is a particularly heinous form of discrimination. Disability discrimination in the workplace is a critical issue that can affect many aspects of an individual’s professional life. For those who have experienced such discrimination, it can be a challenging and depressing time. That is why it is important to seek justice with the assistance of a legal representative, such as those from Swartz Swidler, LLC. Here is what you need to know about navigating disability discrimination in the workplace.
Key Takeaways
- The ADA safeguards individuals with disabilities in employment, mandating equal opportunities and reasonable accommodations.
- ADA defines disability broadly, covering physical, mental, and temporary impairments that limit major life activities.
- Recognize discrimination through unfair treatment, denied accommodations, harassment, or adverse employment actions based on disability.
- Inform your employer, document incidents, file a complaint with the EEOC or state agency, and consider legal action with a discrimination lawyer’s support.
What is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) is a federal law enacted to protect individuals with disabilities from discrimination in various areas, including employment. The ADA ensures that people with disabilities have equal opportunities and access to public accommodations, transportation, and employment. It requires employers to provide reasonable accommodations to employees with disabilities and prohibits discriminatory practices.
What is a Disability According to the ADA?
According to the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. This can include conditions such as:
- Physical Disabilities: Mobility impairments, chronic illnesses, sensory impairments, etc.
- Mental Disabilities: Mental health conditions, intellectual disabilities, learning disabilities, etc.
- Temporary Disabilities: Conditions that are short-term but significant enough to limit major life activities.
The ADA also covers individuals with a history of such impairments or who are perceived to have such impairments.
What is Reasonable Accomodation Under the ADA?
Reasonable accommodation refers to adjustments or modifications provided by an employer to enable people with disabilities to perform their job duties. Examples of reasonable accommodations include:
- Modifying work schedules or responsibilities.
- Providing assistive technologies or equipment.
- Making physical changes to the workplace to improve accessibility.
- Allowing flexible leave policies for medical treatment.
Employers are required to provide reasonable accommodations unless it would cause undue hardship, meaning significant difficulty or expense, to the business.
How to Tell if You Were Discriminated Against Due to a Disability
Recognizing disability discrimination can sometimes be challenging. Here are signs that you may have been discriminated against:
- Unfair Treatment: One of the clearest indicators of discrimination is being treated differently or less favorably than your colleagues because of your disability. This can manifest in various ways, such as being excluded from meetings or work-related events, being overlooked for projects or assignments, or receiving lower performance evaluations without a valid reason.
- Denial of Accommodations: Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities to help them perform their job duties. If you have requested accommodations, such as modified work hours, assistive devices, or adjustments to your workspace, and these requests are denied without a valid reason, it may constitute discrimination.
- Harassment: Experiencing offensive comments, jokes, or behavior related to your disability is a form of discrimination. Harassment can create a hostile work environment and may include derogatory remarks, inappropriate questions about your disability, or being subjected to unwanted attention.
- Adverse Employment Actions: Discrimination can also take the form of adverse employment actions, such as being unfairly disciplined, demoted, or terminated because of your disability. Other examples include being passed over for promotions, receiving unjustified negative performance reviews, or being denied raises and bonuses that you are qualified for.
How to Assert Your Rights Against Discrimination
Asserting your rights against disability discrimination involves several crucial steps to ensure you are protected under the law:
Inform Your Employer
The first step in addressing discrimination is to inform your employer or HR department about the issue. Clearly articulate your concerns regarding the discriminatory treatment or denial of accommodations you have experienced due to your disability. Request reasonable accommodations that will enable you to perform your job effectively. This communication should be documented in writing, such as through email or a formal letter, to create a record of your efforts to resolve the issue amicably.
Document The Discrimination
Documenting incidents of discrimination and your interactions with your employer is essential to substantiate your claims. Keep detailed records of:
- Discriminatory incidents: Note dates, times, locations, and specifics of each instance of discrimination you encounter.
- Requests for accommodations: Maintain records of any accommodations you have requested, including the specific accommodations requested and the reasons provided by your employer for any denials.
- Employer responses: Keep copies of any written responses or communications from your employer regarding your discrimination complaints or accommodation requests.
File a Complaint
If your initial efforts to resolve the issue with your employer are unsuccessful, you have the right to file a complaint with the appropriate agency. This can be done through the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment practices agency, such as the Division on Civil Rights (DCR) in New Jersey.
- Prepare your complaint: Ensure your complaint is clear, concise, and includes all relevant details and documentation supporting your allegations of discrimination.
- Submit your complaint: File your complaint within the agency’s designated timeframe, typically within 180 days from the date of the alleged discrimination, to preserve your legal rights.
Filing a complaint triggers an investigation by the agency to determine whether there is merit to your allegations of discrimination.
Filing a Lawsuit for Discrimination
If the agency investigation does not resolve your complaint or if you receive a “Right to Sue” letter from the EEOC, granting you permission to file a lawsuit, you may choose to pursue legal action against your employer. Here are the key steps involved:
- EEOC Investigation: The EEOC will conduct an investigation into your discrimination complaint, which may include interviewing witnesses, reviewing documents, and gathering evidence relevant to your case.
- Right to Sue: If the EEOC finds sufficient evidence to support your discrimination claim and mediation or settlement discussions do not resolve the issue, they will issue a “Right to Sue” letter. This allows you to proceed with filing a lawsuit in federal court.
- Legal Representation: It is advisable to seek legal representation from an experienced discrimination lawyer who specializes in employment law. Your lawyer will advocate on your behalf, gather additional evidence, prepare legal documents, and represent you in court proceedings.
Hiring a skilled attorney is crucial to navigating the complexities of a discrimination lawsuit and maximizing your chances of achieving a successful outcome. They will work to protect your rights, seek justice for the discrimination you have endured, and help you obtain any compensation or remedies you may be entitled to under the law.
Contact a Discrimination Lawyer Today to Learn More
Getting over disability discrimination in the workplace can be challenging and overwhelming, but you do not have to fight such behavior alone. At Swartz Swidler, LLC, we are dedicated to helping you fight for your rights and obtain the justice you deserve. If you or someone you know has experienced disability discrimination, contact us today at 856-685-7420 to schedule your free consultation and learn more about how we can assist you. Your rights matter, and we are here to help you protect them.
