If you’re being discriminated against for your disability at work, a disability discrimination lawyer Washington, D.C. residents trust may be able to help. What happened to you isn’t fair and you deserve justice for that. A lawyer can help you to file a timely claim and ensure your legal rights are protected.
What Is a Disability?
Broadly defined, a disability refers to any physical or mental impairment that prevents you from doing important activities. Major life activities may include walking, speaking, tending to personal hygiene, and seeing.
Legal Workplace Protections for Americans with Disabilities
When an individual with a disability (as defined in the Americans with Disabilities Act) is treated unfavorably in employment context, this unfavorable treatment is likely to be considered unlawful discrimination. This area of law is complex and no two discrimination cases are exactly alike, which is why it’s important to avoid making assumptions about your legal rights and remedies before you’ve consulted an experienced Washington, D.C. disability discrimination lawyer. However, as unfavorable treatment based on one’s status as a member of a protected class (including those with disabilities) is almost always considered unlawful discrimination, chances are good that if you’ve been mistreated as a result of your disability within the hiring process, termination process, or while you’ve remained actively employed, you may have grounds upon which to file legal action.
The Right to Reasonable Accommodation
Those with disabilities are entitled to receive reasonable accommodations to perform job duties, such as lowering the height of a desk to accommodate an employee in a wheelchair or providing TTD telephone equipment to an employee with a hearing impairment. Generally speaking, as long as an employee with a disability’s request for a work-related accommodation is reasonable (and allows that individual to effectively apply for a job, perform their job duties, and/or more fully enjoy the benefits and privileges of employment), an employer must grant this request. Employers may only reject reasonable requests for accommodation if, in fulfilling this request, the employer would experience “undue hardship.”
According to the U.S. Equal Employment Opportunity Commission, undue hardship “means that the accommodation would be too difficult or too expensive to provide, in light of the employer’s size, financial resources, and the needs of the business.” This isn’t to say that a refusal to grant the exact specifications of a requested accommodation amounts to discrimination. If a solution to an accommodation-based request works effectively (and doesn’t amount to unfavorable treatment, such as a solution that could be objectively considered humiliating), an employer doesn’t necessarily need to fulfil a request to an employee’s exact requested specifications. This is one example of the ways in which this area of the law tends to be complex and nuanced. If you have questions about how the fundamental rights of workers with disabilities and obligations of those in positions to hire, manage, and terminate these workers applies to your situation, please connect with the experienced District of Columbia legal team at Eric Seigel Law today to learn more.
Other Common ADA Violations
Note that to be protected in the workplace, a person with a disability must be qualified for the position. He or she has to possess the necessary degrees, experience, and skills required to perform the position. If you have a disability under the Americans with Disability Act (ADA), you should consult a disability discrimination lawyer in Washington, D.C. if you have been discriminated against at your job. Here are some examples of discrimination based on disability:
Consulting a Lawyer
When you’re being discriminated against at work for your disability, you might feel like you have nowhere to turn. However, you will feel much more confident about your case if you have a confident lawyer on your side. Once you speak with our legal team, with your permission, we will investigate your claim and make sure that your voice is heard.
To schedule a free consultation, contact an experienced Washington, D.C. disability discrimination lawyer at Eric Siegel Law Firm to discuss your case in detail.