Discrimination in the workplace can take on many forms, and many people find that they have been treated differently or unfairly because of a disability. A qualified employee with a disability is someone with a disability who is still capable of performing their job tasks with or without reasonable accommodations. However, there are occasions when these employees are still discriminated against. If you or someone you know was subjected to disability discrimination in the workplace, you have options.
Disability discrimination occurs when an employee with a disability is treated differently or less favorably in the workplace compared to an employee without a disability. Disability discrimination also occurs when an employee with a history of disability, such as someone with cancer that is either in remission or controlled, is treated less favorably than someone without an illness.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees or applicants with disabilities in all aspects of the employment process. The ADA also protects employees from retaliation when they choose to enforce their rights under the law and requires that employers provide reasonable accommodations to employees with disabilities. Those covered by the ADA include:
- Disabled employees. This includes both physical and mental disabilities that affect an employee’s ability to perform certain activities.
- An employee who is regarded as having a disability by an employer. An employee is protected by the ADA if their employer discriminates against them because they believe that the employee has a disability.
- An employee with a history of disability or illness. An employee with a history of disability or illness is covered by the ADA if they are discriminated against by their employer.
Reasonable accommodations are modifications or adjustments that allow qualified employees with disabilities to effectively do their jobs. It is up to the employee with the disability to request reasonable accommodations if their disability is not obvious to the employer. If you were subjected to disability discrimination, the following are a few things you can do:
- Assert your rights. It may not be that your employer is discriminating against you, they may not have a full understanding of the Americans with Disabilities Act.
- File an internal complaint. If after you assert your rights and your employer does not reevaluate their behavior, it is in your right to file an internal complaint.
- File a charge of discrimination. If your employer fails to handle your complaint correctly, you can then file a charge of discrimination with the federal Equal Employment Opportunity Commission (EEOC). There are time limits for filing that may differ by state. In states with their own law prohibiting disability discrimination, you have 300 days to file a charge. In states without a law prohibiting disability discrimination, you have 180 days to file a charge.
- File a lawsuit. Once the EEOC sends you your right-to-sue letter, it is time to get yourself an experienced employment discrimination lawyer.
Chester County Employment Discrimination Lawyers at Sidney L. Gold & Associates, P.C. Help Those Facing Disability Discrimination in the Workplace
If you or someone you know was discriminated against in the workplace because of a disability, contact a Chester County employment discrimination lawyer at Sidney L. Gold & Associates, P.C. Our experienced lawyers will fight for your rights. For a free consultation, contact us online or call us at 215-569-1999. Located in Philadelphia and Pennsauken, New Jersey, we serve clients throughout Wilkes-Barre, Scranton, northeast Philadelphia, Bucks County, Chester County, Delaware County, Montgomery County, and South Jersey.