Disability discrimination remains a pervasive issue in modern workplaces, affecting countless individuals striving for equal opportunities. At the Law Office of Mitchell A. Kline, we are dedicated to defending the rights of those who face discrimination due to disabilities. Recognizing your legal protections is crucial, not just for safeguarding your rights, but also for ensuring that you receive fair and respectful treatment in your place of employment.
Disabled employees are entitled to certain protections under federal law, from securing a job to maintaining it and advancing within their field. Our experienced legal team can help you navigate these complexities and ensure that your rights are upheld.
Legal Protections for Disabled Employees
Federal Laws: ADA and Rehabilitation Act
The cornerstone of disability rights in the workplace is the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. Both laws aim to prevent discrimination and promote equality for individuals with disabilities. Under these statutes, an individual is protected if they have a physical or mental impairment that substantially limits one or more major life activities.
Reasonable Accommodations
One of the most critical protections under the ADA is the right to “reasonable accommodations.” Employers are required to make modifications or adjustments to the work environment that enable employees with disabilities to perform their job duties effectively. Examples include:
- Adjusting work schedules
- Modifying equipment
- Providing assistive technologies
- Reassigning non-essential tasks
However, employers are not obligated to provide accommodations that would cause “undue hardship” — defined as significant difficulty or expense in relation to the size, resources and nature of the business.
Protection During Hiring
Disability protections begin even before you step into the workplace. The ADA prohibits employers from discriminating against qualified candidates during the hiring process. This includes not only direct discrimination but also the use of automated systems that may inadvertently disadvantage applicants with disabilities.
Moreover, employers cannot require medical examinations or inquire about the nature or severity of a disability before making a job offer. Once an offer is extended, they may inquire about disabilities only if all entering employees in similar jobs undergo the same examination.
Rights at Work and Termination
Once hired, employees with disabilities are entitled to equal treatment in all aspects of employment, including promotions, compensation, training and termination. It is unlawful for an employer to terminate or demote an employee solely based on their disability. Additionally, disabled employees are protected from harassment and hostile work environments. Any derogatory comments or actions directed at an employee’s disability status are grounds for legal action.
Employers must also avoid unnecessary medical inquiries and cannot force employees to disclose their disability unless it is related to a reasonable accommodation request.
Protect Your Rights Alongside a Legal Advocate
Disability discrimination in the workplace is not just illegal; it is a significant barrier to achieving true equality in our society. Understanding your rights and taking proactive steps to protect them is crucial. At the Law Office of Mitchell A. Kline, we are committed to offering steadfast support to individuals facing such injustices.
If you or someone you know is experiencing disability discrimination at work, don’t hesitate to contact us. With decades of experience handling complex employment law cases, we are equipped to fight for your rights and ensure you receive the justice you deserve. Contact us today to discuss your case and explore your options for legal recourse.