Disability Discrimination: You Should be Treated Equally!

Disabled employees deserve equal opportunities as other employees get. They are entitled to a company free from harassment and discrimination. But if this right gets violated, they should know which laws shield them and how they get justice against their employers or management. Many employment law firms follow ADA (Americans with Disabilities Act). The law was enacted in 1990 to protect disabled employees and their family members from harassment and discrimination at work.

Some employers believe handling the roles and responsibilities of nondisabled employees is not a cup of tea for disabled employees. Interfering this legislation in a system is essential to ensure disabled workers get equality.

According to ADA, employers cannot take an employee's disability when making decisions for firing, firing, promoting, job advantages, or wage discrimination. It is a federal law implemented for all employers with fifteen or more employees.

Know About Qualified Individuals with Disabilities

ADA and FEHA (Fair Employment and Housing Act) protect employees in America. However, ADA or FEHA doesn't cover a worker if not qualified or proven with a disability. You need to perform the duties of your job to meet this qualification. Else you cannot file a disability discrimination lawsuit. For instance, a blind person cannot possibly perform the duties of a guard. Thus, they cannot file a discrimination lawsuit if not hired for this position. The laws don't consider every physical or mental impairment as a disability. You should meet the conditions of a disabled person as ADA and FEHA outline to be applicable to file a disability discrimination lawsuit.

How Does Disability Discrimination Take Place?

Disability discrimination can take various forms. It consists of comments by executives or managers on disability, followed by some adverse employment decision or action. Such action might include less favorable employment conditions, failure to promote, disciplinary proceedings, termination, or layoff. It consists of situations where the worker can perform crucial functions of the job with proper accommodation, and the employer denies to accommodate. It is essential to determine whether you have a claim under ADA about the disability comments or will you be getting justice for it.

Though Employment law firms like Shegerian Conniff can help you get justice as you deserve equality.