Disability discrimination in the workplace is defined as treating individuals differently because of their physical, mental, or perceived disabilities. Discrimination can take the form of direct harassment, as well as indirect but unjust treatment during hiring and firing, promotions, or any other employment-related activity.
If you or a loved one have been treated unfairly in the workplace, the disability discrimination attorneys at Chanfrau & Chanfrau can help you receive the compensation you are rightfully due. Contact our Daytona, FL, office online or call us at (386) 258-7313 or (386) 439-7760 to schedule a free case evaluation today.
Understand Your Rights
There are two federal laws that protect the rights of individuals with disabilities in the workplace. The most recent, ;the Americans with Disabilities Amendments Act, was passed in 2008 and makes it illegal for certain employers to discriminate against individuals with disabilities. This act covers private employers, state and local governments, employment agencies, and labor unions. Disability discrimination is prohibited in:
- Hiring
- Firing
- Advancement
- Compensation
- Job training
- Other terms, conditions, and privileges of employment
The Rehabilitation Act of 1973 provides the same protections for individuals with disabilities employed by or applying for positions in federal agencies and programs receiving federal money. It also regulates employment practices of federal contractors.
How Does the Law Define Disability?
According to the ADA Amendments Act, an individual with a disability meets at least one of three characteristics:
- Has a physical or mental condition that substantially limits one or more major life activities, such as hearing, seeing, walking, talking, or learning
- Has a history of a disability, such as cancer in remission
- Has a perceived disability that is not temporary or minor, even if they do not have an impairment
Not every medical condition is protected by law. However, the ADA Amendments Act emphasizes a broad interpretation of the definition of disability. Some conditions often involved in disability discrimination claims include mental illness, fibromyalgia, diabetes, and cancer, along with many others.
Reasonable Accommodation
Federal law requires that employers provide reasonable accommodation for applicants and employees with disabilities unless these actions would cause undue hardship for the employer. Accommodations may include changes in the work environment, such as adding a ramp or providing an interpreter, that help an individual with a disability:
- Apply for a position
- Perform their duties
- Enjoy the privileges and benefits of employment
If you have a disability and believe you were not provided with reasonable accommodation, you may have cause to file a workplace discrimination lawsuit.
Why Choose Us?
Workplace discrimination cases can be extremely difficult to win without the help of a qualified legal professional. Most employers have experience with discrimination claims and the resources to dispute them. Many larger companies have teams of attorneys on retainer to protect them against lawsuits.
The team at Chanfrau & Chanfrau is dedicated to helping clients protect their civil liberties against unfair and illegal business practices.
However, this does not mean you have no chance of winning a lawsuit. At Chanfrau & Chanfrau, we can work to protect your rights and help you collect the compensation you deserve. Our attorneys have an extensive understanding of discrimination law and will work tirelessly to build a strong case.
Schedule a Case Evaluation
If you have been treated unfairly or harassed in the workplace due to a disability, you are not alone. The team at Chanfrau & Chanfrau is dedicated to helping clients protect their civil liberties against unfair and illegal business practices. Call our office at (386) 258-7313 or (386) 439-7760 or contact us online to schedule your free case consultation today and take back your rights.