Disability Discrimination Attorney
Fighting for Victims of Disability Discrimination
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees and job candidates on the basis of a real or perceived disability. In other words, an employer generally cannot refuse to hire you, refuse to promote you, fire you, or treat you adversely because of your physical or mental disability. The ADA also allows you to request reasonable accommodations for your disability.
If you feel you were punished or treated unfairly due to your disability, our team at Bennett Legal Services can help. Our disability discrimination lawyer has 35 years of experience and is committed to helping employees stand up and enforce their rights. After evaluating what happened, we can advise whether you have a strong case, walk you through your legal options, and review the types of damages you may be able to recover through litigation. We are prepared to advocate for you in state and federal courts, and we will do everything we can to secure a just outcome.
Disability Discrimination During the Interviewing Process
Many disabled Americans face discrimination during recruitment and hiring processes. If a disabled applicant is as equally qualified as other candidates, an employer generally cannot choose to hire them because they believe their disability would interfere with their ability to do the job.
Job descriptions will sometimes hint at a potential intent to discriminate. If an office desk job arbitrarily requires applicants to be able to lift twenty pounds or stand for extended periods of time, for example, the employer may be attempting to dissuade disabled candidates from applying.
An interviewer cannot ask if you have a physical or mental disability. They also cannot ask questions that are meant to reveal whether you have a disability.
If you were asked discriminatory questions related to your disability or believe you were passed over for a job specifically because of your disability, you may have a claim. Our disability discrimination attorney can assess your case and walk you through your legal options.
Disability Discrimination in the Workplace
As a disabled employee, you should never be subject to a hostile work environment, which can develop when targeted harassment and inappropriate behavior make it difficult for you to do your job. Frequent unwanted jokes or comments about a disability can create a hostile work environment, and you may have legal recourse if your employer refuses or fails to stop the abuse.
Additionally, your employer cannot:
- Fire you because of your disability
- Lay you off because of your disability
- Demote you because of your disability
- Reduce your hours or pay because of your disability
- Refuse to promote you because of your disability
- Take any other adverse action because of your disability
Under the ADA, you have the right to request a reasonable accommodation for your disability. The requested accommodation should make it easier for you to do your job. (You can also request reasonable accommodations during the application and interviewing processes.)
Common examples of reasonable accommodations include accessibility improvements, flexible work or break schedules, and modifications to office floorplans or job-related equipment. Your employer must consider your request in good faith and can only reject the requested accommodation if it is considered an “undue hardship.”
Some employers will refuse to entertain reasonable accommodation requests or will claim a request is an “undue hardship” when it clearly is not. Failing to provide reasonable accommodations is a form of disability discrimination.
Disability discrimination claims will initially be filed with the U.S. Equal Employment Opportunity Commission (EEOC). Our disability discrimination lawyer can help you file a complaint and assist you throughout the ensuing legal process.