Standing Up Against Disability Discrimination
People with disabilities are confronted every day with unique challenges in the workplace. The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees or applicants with disabilities in all aspects of employment, including hiring, promoting and firing. It also protects employees from retaliation when they complain to management about discrimination or ask for an accommodation of their disabilities.
People with disabilities experience common patterns of discrimination. They suffer high unemployment rates, are confronted with prejudices regarding their productivity, and are often denied advancement. At Cleveland Lehner Cassidy, we know this kind of behavior and treatment is not only unacceptable, it’s also unjust, inhumane and against the law. That’s why we work with clients who’ve endured disability discrimination at work and fight hard to help them reach favorable outcomes.
To discuss your disability rights and legal remedies, call our Indianapolis law firm at 317-953-2600 to schedule a free phone consultation.
How Do I Know If I Am A Victim Of Disability Discrimination?
Disability discrimination occurs when an employee with a visible or nonvisible disability is treated less favorably than other employees or job applicants because of his or her condition. The ADA also protects employees from associational disability discrimination, which occurs when an employer subjects an employee to disparate treatment or an adverse employment action because they’re associated with a disabled individual, like a child, spouse or even a workplace friend.
Under the ADA, an employer must provide a reasonable accommodation – an adjustment or modification that allows the employee to do their job – to a qualified employee with a disability. After a request for accommodation is made, parties must begin the interactive process to determine what, if any, accommodation should be provided. This includes but is not limited to working hours, type of workstation, means of getting to work and medical accommodations. If no attempt to grant the accommodation is made, the employee can reach out to a disability discrimination attorney for help. Another law that protects disabled employees is Section 504 of the Rehabilitation Act, which prohibits federal employers and employers who receive federal funding from discriminating against individuals with disabilities.
To help determine whether you have been the victim of illegal disability discrimination, ask yourself the following questions:
- Do you suffer from an impairment that affects your ability to do everyday things such as see, hear, walk, stand or concentrate? Have you suffered from an impairment in the past? Does your employer believe you to be disabled in some way?
- Do you require an accommodation to do your job? Have you asked your employer for an accommodation? Was it provided to you? If not, did the employer engage in a good faith effort to find a workable solution or simply refuse the request?
- Were you not interviewed or not hired because of your impairment, illness, or condition?
- Did you suffer employment retaliation (pay reduced, demotion, termination) for requesting disability accommodations?
- Have you complained to your employer that you have been treated unfairly because of an impairment, illness or condition? Were you treated differently after you requested an accommodation or complained to your employer about unfair treatment?
We Are Ready To Advocate For You
The ADA provides many protections for the workplace. But it also created a complicated legal web that employees can get stuck in. Whether you have been subjected to discrimination on the basis of your disability and whether your employer owes you an accommodation are fact-sensitive questions that can only be determined on a case-by-case basis.
Employers have lawyers and human resources personnel to help guide them through legal issues. You need your own advocates to help navigate this complex process. The disability discrimination attorneys in Indianapolis at Cleveland Lehner Cassidy can help you understand and enforce your rights.