Who is protected by Disability Discrimination Law? A myriad of circumstances may qualify an individual as having a disability. For example, an individual who has been born with a physical impairment, for example, or is suffering from a debilitating medical condition, like cancer or HIV could be considered disabled.
But what about people who are not disabled? Do they have the right to sue and be compensated for their disabilities? The short answer to this question is no. The long answer, however, is that everyone has the right to be paid for their past and future losses as the result of disabilities. As such, it is crucial that anyone who suspects he or she may be a victim of disability discrimination contact a qualified disability discrimination lawyer immediately.
In order to determine if he or she is a victim of disability discrimination, an employee should contact a disability discrimination lawyer, who will conduct an initial consultation free of charge. During this consultation, the lawyer will ask questions pertaining to the individual’s past and present situation. Along with asking questions relating to the employee’s medical history, he or she will also want to know about the specific circumstances surrounding his or her disability, both recent and past. During this consult, the disability lawyer will also conduct interviews with potential supervisors as well as co-workers.
The purpose of the initial consult is to determine whether there are any lawful accommodations that would allow the employee to continue to work within the same workplace. It is important that the employee first expresses his fear of further discrimination while discussing his particular disability, and that he is completely honest in expressing these fears. The dialogue between the employee and disability discrimination lawyer should remain professional and calm. The disability discrimination lawyer will not try to force an issue; rather, he will provide guidance on how to handle the problem. Depending on the disability, the employee may need to show that he has endured a significant disadvantage in serving past, present, or future employers, and that eliminating the disability would create a website advantage for him or another disabled person.
In addition to determining if there are any accommodations that could allow the disabled person to continue working, the disability discrimination lawyer will also determine if the actions of his or her client are in violation of any federal or state law. Federal disability discrimination laws contain some very specific guidelines, such as the requirement that employers make reasonable accommodations for the disability of employees. Similarly, disability discrimination laws protect against harassment in the workplace. Harassment is defined as conduct of a type intended to make someone feel uncomfortable, including the use of spoken or non-spoken language barriers, visual contact, or physical touching. In addition to harassment, employees who are the victims of discrimination may also file a charge of disability discrimination with the U.S. Equal Employment Opportunity Commission or EEOC.
Many disabled workers believe that they are being targeted for reasons other than their disabilities. Often, they are put in a position where they must choose between their livelihood and their safety. However, those people who experience this type of abuse should not be afraid to report it. The U.S. Office of Worker’s Compensation Programs (OWCP) offers many resources to workers who feel they have been wrongfully accused of or harmed due to disability discrimination in the workplace. You should contact a disability discrimination lawyer who is experienced in these areas. In particular, harassment is covered by the laws against disability discrimination in the workplace and those laws cover a much broader scope than just those governing discrimination based on color, race, religion, gender, or national origin.
For example, in order to be able to recover damages from the firing or demotion of an employee, the employee must show that he has been unfairly dismissed or that he suffered a direct result because of the disability discrimination. If an employee is unsure whether he is being discriminated against based on his disability, he should advise the human resources department of any problems that he believes may exist. This will help the department to take action if the suspicion is valid.
The federal Office of Disability Discrimination Lawyers provides several different centers for the purposes of connecting clients with disability discrimination lawyers. You can contact one of these centers for more information about the services that they offer. In addition, if you live in the area, you can visit the offices of the lawyers who can give you the information you need to file a complaint.
