Disability Discrimination at Work
If you feel you are a victim of disability discrimination at work, review what disability discrimination means and how individuals qualify. Before filing a complaint, consult a labor attorney to avoid any potential embarrassment by pursuing this issue at work only to find out your claim is not supportable.
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American with Disabilities Act
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The American with Disabilities Act was established in 1990. It was precipitated by Congressional Findings that more than 43 million Americans have physical or mental disabilities. In the past, society has isolated and segregated those with disabilities. The federal American with Disabilities Act outlines how employee with disabilities should be treated in the workplace. Title I of the act mandates that employers with more than 15 employees give the same employment opportunities as those without disabilities are given.
Qualification
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You may qualify as disabled if you have a mental or physical condition that limits important life activities such as walking, expressing yourself verbally, seeing and hearing, according to the Equal Employment Opportunity Commission. You may qualify if you have a history of a medical condition such as cancer in remission. You may also qualify if you have a physical or medical condition that has a duration that is or you expect to be longer than six months.
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Work Conditions and Harassment
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Federal law prohibits discrimination related to employment, such as hiring, firing, pay and job assignments. It also prohibits harassment of an individual because of his past or present ability. Examples of harassment could include telling offensive jokes about a disabled person or making other offending remarks. A harassment claim is qualified when harassment is severe or frequent enough for the workplace to be characterized as hostile or offensive.
Reasonable Accommodation
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Federal law requires that an employee with a disability be given reasonable accommodation as long as it does not result in employer hardship. An example of accommodation is allowing a diabetic employee to take breaks for meals during a work shift. An employer cannot deny accommodation because there is a cost involved.
Complaint Filing
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Disability complaints should be filed with the Equal Employment Opportunity Commission within 180 days of the date the discrimination took place or 300 days if the complaint is to be filed with a state or local fair employment practice agency. A lawsuit can only be filed after the person who suspect disability discrimination receives a "right to sue" letter from the EEOC. Discrimination charges can be filed at any local EEOC office.
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