Philadelphia Disability Discrimination Lawyers and ADA Violations
A person with a disability may have a physical or mental impairment that substantially limits one or more major life activities. Title I of the Americans with Disabilities Act (ADA) of 1990 bars private employers with 15 or more employees, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.
Additionally, the Pennsylvania Human Relations Act (PHRA) requires private employers with four or more employees to follow all anti-discrimination laws and regulations.
A fit employee or applicant with a disability is a person who, with or without reasonable accommodation, can do the vital functions of the job in question. Reasonable accommodation may include making existing facilities used by employees readily accessible to and usable by persons with disabilities, job restructuring, modifying work schedules, reassignment to a vacant position, and attaining or modifying equipment or devices, adjusting, or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
Workers with disabilities have the right to the same career opportunities as non-disabled workers. Some employers, however, discriminate against their employees with disabilities and job candidates.
This is where a disability discrimination lawyer in Philadelphia can help. They have the knowledge and experience necessary to protect the rights of persons with disabilities and fight against discriminatory practices.
What Is Disability Discrimination?
All employees are protected from discrimination by the Civil Rights Act of 1964 and the Equal Employment Opportunity Act of 1972, including discrimination based on a disability. The ADA further extends protections from disability discrimination.
By law, employers cannot discriminate against qualified workers in all phases of employment, including recruitment, interviewing, hiring, training, assignments, promotion, firing, paying, and providing benefits. Some of the most common forms of disability discrimination include:
- Hiring: Employers are forbidden from refusing qualified job candidates based on a disability. It is against the law for prospective employers to ask candidates if they are disabled prior to extending a job offer. However, prospective employers can ask certain questions regarding accommodations when candidates have an obvious disability, such as requiring a wheelchair.
- Terminating: It is illegal for an employer to fire or take any negative or adverse actions against an employee based on a real or assumed disability. These actions may include:
- Firing or demoting from a current position.
- Terminating an employment contract.
- Reducing salary or benefits.
- Changing schedules or reducing hours.
- Refusal to assign priority projects.
- Denying earned or deserved promotions.
- Enacting unfair disciplinary actions.
- Denying benefits other employees receive.
- Retaliating for filing a disability discrimination claim.
- Opportunities: Employers are forbidden from treating employees with disabilities differently than employees that are non-disabled, hindering opportunities for promotions and career growth.
- Harassment: Workplace discrimination is a serious violation and creates a hostile work environment, causing affected employees’ anxiety, stress, mental anguish, and depression. Harassment can come from employers, supervisors, managers, coworkers, and even clients and customers, and in many ways, such as:
- Verbal harassment, including negative slurs, intrusive comments, jokes, teasing, and being singled out and treated differently based on disability. Forcing an employee into other job positions that aggravate the disability. Repeatedly making disability-related assumptions of an employee’s capabilities. Refusing to allow reasonable accommodations.
- Management failing to stop or discipline employees perpetrating to the harassment.
What Are Reasonable Accommodations?
Under the ADA, employers have a legal responsibility to provide reasonable accommodations to workers with disabilities to allow them to successfully complete their essential duties. They are also required to include employees with disabilities in the process of determining their needs. While employers are required to provide accommodations, they are not required if doing so would impose undue hardship to the company. Reasonable accommodations may include:
- Providing hearing or mobility aids, larger computer screens, or talk-to-text technology.
- Enlarging the employee’s work area for assistive equipment or providing a handicapped accessible workstation.
- Relocating the employee to a more accessible workspace.
- Establishing handicapped entrances to the building.
- Allowing schedule modifications or longer or more frequent break times.
- Providing “leave time” protection for medical care and treatments.
What Is the Statute of Limitations to File a Claim for Disability Discrimination?
In Pennsylvania, you have 180 days from the last incident to file a disability discrimination claim against your employer. An experienced attorney can help you understand your ADA rights and available options for you to assert them.
How Can a Lawyer Help?
If you believe you are experiencing discrimination at work based on your disability, addressing it on your own can be challenging. Navigating discrimination laws can be complex, and hiring an experienced lawyer can greatly benefit you.
An attorney can fight to ensure your rights are protected and enforced. Your lawyer can help you understand your ADA employment rights and advise your legal options.
If you have exhausted all internal options with your employer and received no results, your attorney may begin with an attempt to negotiate with your employer. Often, having legal representation alone makes employers understand the seriousness of a claim.
If negotiation attempts fail, your attorney may recommend filing an official complaint with the Equal Employment Opportunity Commission (EEOC) or filing a lawsuit against your employer and litigating your case in court.
Why Choose a Disability Discrimination Lawyer in Philadelphia?
If you are experiencing disability discrimination with a Philadelphia employer, you want a lawyer who is knowledgeable in city and state anti-discrimination laws. Sidney L. Gold & Associates, P.C. is recognized by the Martindale-Hubbell Bar Register as a preeminent law firm in employment law and civil rights litigation, with over 40 years of successful trial experience.
Our attorneys focus exclusively on employment law and civil rights litigation and are committed to advocating for the rights of workers with disabilities. Our attorneys have a lengthy track record of success, securing millions of dollars in compensation for thousands of clients. Our reputation is unmatched in the Philadelphia area, and we are widely regarded for our work by our peers in the legal community. Over 4,500 attorneys have referred their clients to Sidney L. Gold & Associates, P.C. to ensure the best possible outcome of their cases.
Philadelphia Disability Discrimination Lawyers at Sidney L. Gold & Associates, P.C. Protect the Rights of Clients with Disabilities
Discriminating against workers who are disabled is illegal. These workers are protected by the ADA against discrimination in all aspects of employment. Our experienced Philadelphia disability discrimination lawyers at Sidney L. Gold & Associates, P.C. are committed to fighting for the rights of workers who are disabled. Call us today at 215-569-1999 or contact us online for a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, and Montgomery County.