Disability discrimination involves unfair treatment in the workplace on the basis of a disability or perceived disability. The federal Americans with Disabilities Act (ADA) requires that employers covered by the law provide reasonable accommodations for known physical or mental limitations of qualified employees. This law applies whether the employee works part-time or full-time.
Federal disability discrimination laws, such as the Rehabilitation Act and the Americans with Disabilities Act (ADA), prohibit any adverse job action or disparate treatment - in hiring, firing, promotions, wages, schedules, work privileges, or layoffs - because of a worker's disability or perceived disability. As long as a person with a disability is capable of performing the job, he or she must be given an equal chance for employment and advancement.
Not all medical conditions are considered to be a “disability” under federal or state laws or even local laws and therefore protection against discrimination is not comprehensive. In general, in order to qualify as having a disability, you must be able to prove one of the following:
- You have a mental or physical condition that prevents you from participating in a major life activity (this includes conditions that limit your ability to breathe, think, care for yourself, learn, talk, hear, walk, see, etc).
- You have a history of a disability (this applies in situations where you have a disease that may be in remission.)
- You are perceived to have a substantially limiting disability.
If you think you have been the victim of disability discrimination in the workplace, contact The Boyd Law Group, PLLC at (800) 617-4254 or fill out our online Contact Us form to schedule a free phone consultation with an experienced disability discrimination lawyer to discuss your rights and legal options.