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What Causes Disability Discrimination?

It is against the law to discriminate against someone with a disability. If you have been mistreated in the workplace because of your disability, then you should take legal action. A disability discrimination attorney can help you.

Everyone deserves to be treated with fairness and dignity in their place of employment. The law defines disability discrimination as the mistreatment of anyone covered by the Americans with Disabilities Act or the Rehabilitation Act. This includes treating a qualified individual who applies for a job or is an employee in a prejudiced or unfavorable way because of their disability. Disability discrimination also occurs when an employer treats a person unfavorably because they have a history of disability or illness. For example, you cannot be denied a job or promotion because you are undergoing cancer treatment or are in remission. If you have your illness or disability under control and you can do the job to the required standard, then you cannot be denied an opportunity because of your condition.

The law also requires employers to provide reasonable accommodation to employees with disabilities, unless doing so would cause the company undue hardship. You should also know that federal law protects your spouse. They cannot be refused employment or promotion because of your disability.

The Causes of Disability Discrimination

The causes of disability discrimination are many and varied. The most common cause of this form of prejudice and injustice is the misconception that able-bodied people have of individuals with disabilities. Too many employers assume that people who are without the full use of their bodies or who are battling a pernicious disease will not be able to pull their weight. This is not the case. Individuals who were born with a disability or have lived for years with one have a greater understanding of their potential than people who take good health for granted. Most disabled people have had to fight to live independent and fulfilling lives. They know exactly what they can do and what they can’t; and they would not risk the humiliation of failing at a job that they are not fit to do.

Another significant cause of discrimination is the failure of employers to provide reasonable accommodation for the disabled. Such oversight is often the result of neglect, but it can have a devastating effect on the ability of disabled people to work.

A third cause of disability discrimination is just blind prejudice. Unfortunately, there are people in society who look down on individuals who are not like them. If they are put into positions of power and authority, they act out their bigotry and prejudice through decisions and policy. It is not always easy to identify such individuals. They tend to hide their prejudice behind language that sounds benign. However, if your boss or potential employer ever refers to you as a “cripple” or any other demeaning descriptor, then you have good reason to believe they will discriminate against you because of your disability.

Disability Discrimination in the Workplace

Your disability is not something you need to hide. In fact, you should be up front with your employer or potential employer about your condition. You must do so in order to assert your legal rights and to give them fair warning about the protections you enjoy.

You can show that you have a disability in one of three ways: -If you have a physical or mental condition that substantially limits major life activity such as walking, talking, reaching, seeing, hearing, or learning

-If you have a history of illness and are in remission

-If you have a physical or mental impairment that will last for more than six months

Not every medical condition is covered under the Americans with Disabilities Act. To receive protection, you must be qualified for the job and have a disability as defined by law.

Once it has been established that you are protected, you cannot be denied employment, promotion, job assignments, training opportunities, fringe benefits, or any other employment advantages because of your disability.

You must also be treated with fairness and dignity in the workplace. You cannot be harassed because of your disability. Teasing, offhand comments, and other forms of verbal and mental abuse can be considered harassment when they become too frequent and severe. It is hard to perform in such a hostile work environment, and you may be fired, demoted, or denied advancement as a result.

If you have been the victim of such harassment, you should report the incident to your supervisor. They must then act to stop it.

Defending Your Rights

If your supervisor fails to protect you against unfair treatment, then you can act on your own. Your first move should be to file an internal complaint. This is a step beyond reporting discriminatory behavior to your immediate supervisor. Filing an official complaint gets the human resources department of your company involved, which gives the company the opportunity to do the right thing.

If the complaint is not resolved to your satisfaction, then you may need to pursue legal action against the company. To do so, you will need to contact a disability discrimination attorney. An employment lawyer who knows disability discrimination law is the most qualified to help you get justice. You can find more information at https://www.employmentattorneylosangeles.com/practices/disability-discrimination-attorney/

The complaint you filed gives the company legal notice of your discrimination claim. If your case ends up in court, it will show the judge and jury that you tried to resolve the problem quietly and discreetly before turning to a legal remedy. This often results in punitive damages against the employer.

If your employer does not handle your complaint fairly, you will need to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The employment lawyer you hired will guide you through the process of doing this. You must file with the EEOC and wait for them to complete an investigation before you take the case any further.

The agency may offer to help mediate or settle the case. If that is not a possibility, then it will issue a “right-to-sue” letter. This gives you the right to proceed to court with your claim. The EEOC will not take up your case before the court. However, it will issue its findings to your lawyer.

You will be finally cleared to file a lawsuit against your employer.

Filing a Lawsuit

West coast employment lawyers help ordinary people get justice. The attorney you hire will have deep insight into disability discrimination law and will know how to use it to your advantage. Most disability discrimination lawsuits do not go to trial. Indeed, your employer will be eager to settle the lawsuit. Your attorney will advise you to work toward the same goal. However, any settlement you accept must be in your favor. You should be compensated for the emotional and psychological pain you have endured as well as the material losses you have suffered as a result of the discrimination. If the case does go to court, your lawyer must be prepared to gather the necessary evidence to win over a jury.

If you have been discriminated against because of your disability, west coast employment lawyers can help you get justice. You should contact a qualified lawyer for a consultation.