Everybody has the right to be treated fairly in the workplace. Those with disabilities protected under both state and federal law have extensive workplace protections when it comes to the hiring and employment practices of employers. At Rager & Yoon – Employment Lawyers, we are dedicated to helping those who face discrimination in the workplace recover the compensation they deserve. Turn to our disability discrimination attorneys for help today so we can get to work ensuring you are treated fairly.
Understanding disability discrimination in the workplace
Both federal and state laws protect individuals with certain disabilities from discrimination in the workplace. The US Equal Employment Opportunity Commission (EEOC) says that disability discrimination occurs when an employer that is covered by the Americans with Disabilities Act (ADA) or the Rehabilitation Act treats qualified individuals who are employees or applicants unfavorably because of their disability. Federal law also states that it is illegal to treat an applicant or employee less favorably because they have a history of disability, because it is believed they have a physical or mental impairment that is not expected to last, or because they have a minor impairment.
Federal law requires that an employer provide reasonable accommodations to an employee or applicant with a disability unless doing so would cause “significant difficulty or expense for the employer (‘undue hardship’).”
During the latest reporting year in the US, the EEOC says that there were nearly 25,000 charges made by the agency against employers in this country for disability discrimination. That accounts for more than 33% of all charges brought against employers by the EEOC.
Most common types of disability discrimination in the workplace
Disability discrimination in the workplace occurs in many ways, and the most common claims handled at Rager & Yoon – Employment Lawyers include the following:
- Workplace harassment: Any coworker or supervisor who makes derogatory or offensive remarks about a person’s disability is breaking the law. This can create a hostile work environment or lead to a person being demoted or fired due to their disability.
- Reasonable accommodation violations: If an employer fails to make reasonable accommodations as afforded to a disabled person under the law, they could face a lawsuit. Examples of reasonable accommodations include extra bathroom breaks, changes to a chair or desk, or access to a wheelchair ramp.
- Hiring discrimination: If two similarly qualified applicants to apply for a job, but the employer does not choose the disabled person due to their disability, they are in violation of the law.
- Discriminatory work culture: In some cases, an entire workplace or management style creates challenges for a disabled person to be able to do their job well or advance in the system. Not only does this create a hostile work environment, but it is illegal.
We will secure the compensation you need
If you or somebody you care about has been discriminated against in the workplace due to a disability, contact a skilled attorney as soon as possible. At Rager & Yoon – Employment Lawyers, our qualified and experienced team will investigate every aspect of your case in order to secure the compensation you are entitled to. This could include:
- Recovery of lost wages
- Interest on unpaid wages
- Court costs and legal fees
- Pain and suffering damages
- Reinstatement to your job
- Access to reasonable accommodations in the workplace
- Possible punitive damages against the employer