According to the Americans with Disabilities Act, it is against the law for an employer to discriminate against an employee in any way due to that employee's disability. However, disability discrimination still exists in the workplace. Here's what you need to know about disability discrimination, and what you can do if you believe you've been
According to the Americans with Disabilities Act, it is against the law for an employer to discriminate against an employee in any way due to that employee's disability.
However, disability discrimination still exists in the workplace.
Here's what you need to know about disability discrimination, and what you can do if you believe you've been discriminated against by your employer.
How is 'Disabled' Defined According to the ADA?
The Americans with Disabilities Act defines a disability as being a:
"mental or physical limitation that impedes a major life activity like walking, talking, seeing, and learning."
Under this definition, paraplegia would most certainly qualify as a disability. However, severe ADD/ADHD also could qualify as a disability if it limits an individual's ability to learn and/or process information.
Examples of Discrimination in the Workplace
Discrimination can take many forms, including:
- Verbal or physical harassment
- Refusing to hire an individual because they are disabled
- Firing an individual for being disabled
- Excluding a disabled employee from benefits that are given to other employees
- Excluding a disabled employee from a promotion
- Failure to reasonably accommodate the employee's disability
An employer may be guilty of disability discrimination if he or she hires a less-qualified applicant instead of a disabled applicant who is well-suited for the position. Although discrimination may be difficult to prove in cases that don't involve outright harassment, it is still important to seek out justice and a positive resolution for your case.
Bringing Forward Claims of Disability Discrimination
If you believe you have been discriminated against in the workplace due to your disability, it is critical that you take action right away.
While you can start by filing a claim with the Equal Employment Opportunity Commission, this avenue generally takes much longer to reach any sort of resolution. The process of successfully filing a claim may take months or years.
In many cases, the EEOC is unable to take any sort of action other than reprimanding the employee for their actions and providing the employee with a notice that they have the "right to sue."
Depending on your case, it may be more prudent for you to seek the assistance of a qualified Pittsburgh disability discrimination attorney. By working with a skilled attorney that specializes in Pennsylvania employment law, you can learn more about your rights and the legal options you have available to you.
Sean A. Casey, Esq., has significant experience working with individuals who have been discriminated against by their employers, and he can help you bring forward a claim. Attorney Casey can help you get the positive resolution you need and help you decrease the chances that your employer will discriminate against others.
Contact Attorney Casey today for a consultation by calling (412) 201-9090 or toll free at (888) 658-0041.