Disability discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s disability. It also includes unfavorable treatment because of a person’s history of having a disability or because the employer perceives them to have a disability.
Disability law can be extremely complex and raise various workplace questions. What is a “disability” under the law? How does an employer determine whether an accommodation request is reasonable? A worker’s FMLA has been exhausted but requests additional time off because of a disability, must she be accommodated? What can an employee do when HR tells her supervisor about her disability without permission?
It is important to seek attorneys that can answer these and other disability law questions, help you understand your options, and if your rights have been violated, assist you in finding a solution.
Proving Disability Discrimination.
Proving disability discrimination — as is the case with many discrimination cases — isn’t easy. It often requires looking at the totality of a worker’s circumstances. Companies rarely state that an employment decision is because someone had a disability; employers are usually smarter than that. However, if an employer or supervisor seems to be disproportionately picking on or rewarding particular workers, or the company’s decision-makers are known to make derogatory remarks about a worker’s health, you may be able to prove that an employee’s disability has illegally been considered in an employment decision..
Carter Law Firm Can Help Fight Against Disability Discrimination
Victims of disibility discrimination have a right to full and fair remedies. These cases are difficult to prove, and the law favors employers. However, if it can be shown your employer discriminated against you, available remedies include:
- Job Reinstatement
- Compensation for past and future lost wages and benefits
- Reinstatement of lost pension or retirement benefits
- Compensation for the emotional distress you’ve suffered
- Potentially punitive or liquidated damages
- Compensation for out-of-pocket expenses, additional training, and other remedies depending upon the specifics of your case