Have your employer and coworkers been discriminating against you due to your disability? Have your attempts to resolve the matter amicably failed? In that case, you want to explore legal options to defend your employment rights. If you do not already have a lawyer, search online for “disability discrimination lawyer near me” and get competent legal counsel.
What constitutes disability discrimination?
Disability discrimination is deliberately offensive, harassing, or exclusionary behavior in the workplace towards people with disabilities. When facing such discrimination, you do realize you are being mistreated. However, it is another matter if it has legal bearing in court. That is why, before taking action, it is advisable to search online for a “disability discrimination lawyer near me” and have the lawyer review your case.
Generally, the following behaviors may constitute disability discrimination:
• The employer refuses to hire you for a job citing your disability, even though you are qualified for the job and can do it regardless of the disability.
• The employer passes you over for a deserved promotion on account of your disability.
• The employer refuses to give you certain work assignments due to your disability, although you can do them.
• The employer withholds salary raises and benefits that you deserve.
• The employer excludes you from training programs that you can participate in despite your disability.
• The employer refuses to make reasonable accommodation and allowances for your disability.
• The employer makes unpleasant and unwarranted remarks to embarrass you publicly about your disability.
What legal protection do you have against disability discrimination?
Various federal and state laws protect employees against disability discrimination. The Fair Employment and Housing Act (FEHA) in California are specifically relevant for disabled employees. As the lawyer you hire after searching online for a “disability discrimination lawyer near me” will inform you, the FEHA covers a wide range of disabilities. It can protect you even if you have a limited disability that prevents you from doing only one type of work. As per the FEHA rules, your employer must assess your work abilities without considering your disability.
What can you do if you are facing disability discrimination?
It is essential to first get informed about local, state, and federal employment laws and how these apply to people with disabilities. You can then do the following:
Gather evidence of discrimination
The first thing you can do is gather sufficient proof of the discriminatory behavior against you. For instance, you can save unpleasant or derogatory emails, messages, memos, and notes from your employer. You can record phone calls, video calls, or in-person interactions. You can also look through your company’s employment policies and employee handbook and check its discrimination policy.
Discuss the matter with your employer
You can next approach your employer and attempt to discuss the matter. You can calmly inform the employer that you find the discrimination unacceptable and would like it to stop. You can also let them know that such behavior is illegal, is against their company policy, and violates your employment rights. Many employers are likely to stop the discriminatory practices after being confronted like this.
Contact a disability discrimination lawyer
If the employer disregards your request and continues to make life difficult for you at the workplace, you may need to consider legal action. Lookup a “disability discrimination lawyer near me” online and get in touch with a competent, reliable lawyer.
Aside from approaching your employer on your behalf, the lawyer can help you file a formal disability discrimination complaint with the Equal Employment Opportunity Commission (EEOC). You need to file the Charge of Discrimination within 180 days of the discriminatory incident or 300 days per state anti-discrimination law. The EEOC will send your employer a copy and attempt mediation. If that fails, it will investigate the matter and determine if the employer’s conduct is illegal.
If the EEOC finds that your employer has violated your employment rights, it will seek monetary damages and also get reinstatement, deserved promotion, or other desired workplace changes for you. In that case, you must waive your right to file a lawsuit against your employer. If the EEOC cannot find a solution, your lawyer has 90 days to file a lawsuit against your employer.
