Knowing Your Legal Rights and Options When Facing a Disability Discrimination in the Workplace
Because of the Americans with Disabilities Act of 1990 (ADA), employers are prohibited from discriminating against a worker because of their disability. This makes sure that Americans with disabilities would have the same rights as everyone else. These rights include all aspects of employment such as hiring, firing, promotions, and job duties. The law applies to companies with at least 15 employees. If you have been discriminated against in your workplace because of your disability, you should talk to a Las Vegas Civil Rights Attorney to know your rights and legal options.
The Right to Reasonable Accommodation
Under the ADA, companies are required to offer reasonable accommodation to disabled workers, as long as it doesn’t impose an undue hardship on them. If they fail to offer reasonable accommodation, companies could face a disability discrimination complaint. Reasonable accommodation should be provided to otherwise qualified employees and would let them enjoy the same benefits and have the same level of performance as non-disabled workers. The accommodation should be enough for a disabled employee to continue to work at a similar level than before. It can include changing their work schedule, increasing accessibility, restructuring the employee’s job, offering qualified readers or interpreters, modifying or getting equipment or devices, and more.
What to Do If Your Employer Refuses to Address Disability Discrimination
If an employer refuses to accommodate a disabled employee, they may face a disability discrimination claim under the ADA. A disabled employee requests a reasonable accommodation, so they can continue their employment as if they don’t have a disability.
To resolve the discrimination issue, try to have a discussion with your superior. If they refuse, have a conversation with HR. If this does not help, you may need to file an internal complaint within the company, to give it a chance to remedy the issue. If they fail to do so, you may decide to file a lawsuit. This will show the court that you gave your employer enough opportunity to correct the issue and offer accommodation.
If your company fails to resolve the issue, file a discrimination charge with the EEOC to preserve your rights to file a lawsuit later. Once an EEOC investigation has been completed, the agency will issue a right-to-sue letter, which will give you a green light to file a lawsuit.
Dealing with a disability is already hard. Having an employer who doesn’t respect you as an important member of the company due to your disability can make your situation worse. But, you don’t deserve to be a victim of workplace discrimination. A civil rights attorney can aggressively fight for you in court and ensure your rights are protected.
