Disability discrimination in the workplace still happens. However, a disability discrimination lawyer in Northern Virginia can help you protect your rights and ensure that you receive fair treatment in the workplace. Here’s what you need to know.
What is Disability Discrimination?
Disability discrimination is any situation where you are treated unfavorably because of a disability. If you are applying for a job that you can do, a potential employer cannot deny your application because of your disability. However, the employer can deny your application if you lack the qualifications required for the job.
Disability discrimination is covered by the Americans with Disabilities Act or the Rehabilitation Act for federal employees. Both acts require the employer to provide reasonable accommodation to you, as an employee or applicant.
If the reasonable accommodation causes excessive financial or other hardships for the employer, they are not required to provide it. To be considered an undue hardship the accommodation would have to be too expensive in comparison with the size of the company and its financial resources.
[Related: ADA Compliant Website Claims]
Defining Reasonable Accommodation
The law states that an employer must make a reasonable accommodation for a disabled employee. Reasonable changes might include providing an interpreter or reader for the hearing and/or visually impaired, or making the workplace wheelchair accessible. Accommodations for employees with mental health concerns could include reduced hours, flex time, or even “rules of engagement” for how performance issues are discussed in the workplace.
[Related: Long Haul Covid May Implicate ADA Disability Protection]
When to Hire a Disability Discrimination Lawyer Northern Virginia 
Many people assume that disability discrimination only involves not hiring someone or firing someone because of a disability. However, this is untrue. An employer may not:
- Pay you a lower wage because of your disability
- Withhold job assignments due to your disability
- Unfairly pass you over for promotions
- Reduce or remove benefits
- Deny your training or make you take extra instruction because of your disability
- Lay you off because of your disability
- Change any other term of your employment or make it different from other employees hired to do the same job
Additionally, an employer may not harass an employee because of a disability. While the laws do not provide for minor teasing and isolated incidents, it is illegal to make frequent remarks about a disability or to create a hostile work environment for the employee. If an employee complains about harassment, the employer can’t fire or demote the employee for that reason.
Disability Discrimination Lawyer Northern Virginia
If you feel that you have been discriminated against because of a disability, please contact Cook Craig and Francuzenko to discuss your concerns.
