Disability Discrimination Complaints on the Rise; What Employees Need to Know
Common ways employers may violate the Americans with Disabilities Act
In a perfect world, every supervisor would show compassion for disabled employees.
Unfortunately, that’s not always the case. In fact, disability discrimination continues to increase in this country. The Equal Employment Opportunity Commission (EEOC) reports that it received 28,000 disability-related complaints last year, up nearly 1,000 from the year before.
Have you ever suspected that you were being discriminated against because of a disability or because of your association with a disabled family member? Let’s talk about the Americans with Disabilities Act (ADA) and how it may pertain to you.
What ADA Discrimination Looks Like
In addition to more obvious forms of discrimination, such as termination, the ADA also protects against more-subtle forms of potential discrimination. Those may include job application procedures, hiring, firing, promotion, pay, job training, and other terms and conditions of employment.
Some common scenarios include:
- Denial of a “reasonable accommodation” that would enable you to perform certain job tasks
- Denial of a disability-related sick leave
- Some form of harassment that contributes to a hostile work environment, such as name calling or intentionally preventing a you from completing your work
- Disciplinary action based on disability-related absences or scheduling changes
- Denial of a promotion, bonus, or compensation, or
- An unwarranted termination or layoff.
Are You Entitled to ADA Protection?
Believe it or not, the ADA doesn’t cover a set list of specific conditions. Rather, it requires that each individual’s circumstances are considered on a case-by-case basis.
To find out if you may qualify for ADA protection, start with these three questions:
- Are you qualified to do the job? That is, do you have the appropriate education, experience, and professional licenses to perform the duties required for the position?
- Do you suffer from a physical or mental impairment that substantially limits a life activity? In other words, do you have a condition that makes it difficult for you to hear, see, speak, walk, breathe, perform manual tasks, care for yourself, learn or work?
- Are you able to perform the essential functions of the job, with or without accommodation? You’ll need to look at the main functions of the job – those tasks that constitute the core of the position. Are you able to accomplish those duties on your own? If not, would you be able to do so if you were given an assistive device (such as special tools or equipment), or if you were allowed to make a job modification (such as a schedule change or relocation to a different area)?
The ADA also offers protection to employees who have a history of disability, such as someone who is in remission from cancer.
In addition, the association provision of the ADA prohibits discrimination against people who have a known relationship or association with a person with a disability.
Contact Us Now for a Free Consultation
If you believe that you have been discriminated against due to a disability, it’s a good idea to speak to an attorney.
Email us at firstname.lastname@example.org, or call (267) 273-1054 for a free consultation.