Searching for a disability discrimination attorney near me? If you have been discriminated against due to a disability, you should speak to an attorney immediately. It is against the law for employers to discriminate against disabled employees or refuse to provide reasonable accommodations. If you believe that you have been a victim of disability discrimination, Cook, Craig, and Francuzenko can help you.
What is Disability Discrimination in the Workplace?
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against an employee because of a disability. ADA laws apply to workplaces with 15 or more employees. Additionally, the Rehabilitation Act of 1973 applies to federal employees and applicants. It offers many of the same protections as the ADA. The Virginians with Disabilities Act provides some coverage for smaller employers.
Essentially, this means that a person with a disability shouldn’t be fired, or not hired for a job just because of the disability. However, disability law is quite complex, so if you believe that you have been the victim of disability discrimination, you need to speak to attorney as soon as possible.
What is Considered a Disability?
In order to be protected under the ADA, a person must have a legally defined disability and be qualified for the job position. A person may be considered disabled if:
- The individual has a condition, mental or physical, that substantially limits a major life activity such as walking, seeing, learning, talking, or hearing.
- The individual has a history of a disability.
- The individual is believed to have an impairment.
Understanding Reasonable Accommodation
One of the protections of the ADA is that an employer must provide reasonable accommodation to an employee or a job applicant who has a disability, unless doing so would create an undue hardship for the employer. But what is undue hardship? This can mean unreasonable expensive or difficulty in providing the accommodation. It is determined on a case-by-case basis and depends on several factors like the size of the employer, the financial resources available, and the business’s function.
Reasonable accommodations include any change in the workplace that helps a person with a disability perform job duties. This may include adding a wheelchair ramp, providing an interpreter for someone who is hearing-impaired, or allowing an employee more frequent breaks.
Disability Discrimination Attorney Near Me Fairfax
As we have stated before, it is unlawful for an employee to be discriminated against or retaliated against for a disability. If you believe that you have been discriminated against, please contact the attorneys at Cook, Craig, and Francuzenko. We can help negotiate reasonable accommodation or build a case against an employer who unlawfully discriminated against you. Contact us today to learn more.
