Disability discrimination occurs on a daily basis across the country. The Americans With Disabilities Act was put in place to protect disabled individuals and ensure they are treated fairly in the workplace. When someone is discriminated against on the job, due to their disability, they can sue their employer or a company who refused to hire them because of their disability. With this information, individuals will learn what they can do, should they become a victim of disability discrimination.
What Is Disability Discrimination?
It is important for you to understand your disability rights protected under the Americans With Disabilities Act which was passed in 1990. The law explicitly forbids any form of disability discrimination that occurs in the hiring process, promotions, lay-offs, job assignments, benefits, training, or any other condition of employment. The act also protects individuals who have a relationship with a disabled person including parents, spouses, and caregivers.
What to Do If You Have Been Discriminated Against
As a disabled individual, you have certain rights that are afforded to you under the ADA. Knowing your disability rights is essential for ensuring they are protected in the course of seeking employment and being employed. It is important you take the following steps if you have been discriminated against.
1. Individuals need to make sure they document everything. Having plenty of documentation will assist you in being able to prove your disability discrimination claim. Keep this evidence in a safe place and not at your workplace.
2. If you feel comfortable, talk with someone in your HR department about your discrimination to see what steps can be taken to remedy the issue. If the HR department does not help, it may be time to seek legal action.
3. Getting legal advice from a lawyer who works with discrimination cases is wise. A lawyer will launch an investigation and help you gain valuable evidence that can be used to hold your employer accountable for their actions.
4. Sometimes, filing a lawsuit is the only means of getting a fair outcome. Lawsuits can be intimidating, but having a lawyer working on your side will make things easier and give you peace of mind.
You Are Not Alone
It is important to note that you are not alone. With more and more disabled individuals seeking employment, it is clear much reform is needed in the workplace. Proper training of employers, managers, and supervisors is essential for the protection of disabled individuals as they enter the workforce.
The US Equal Employment Opportunity Commission is dedicated to protecting the rights of disabled individuals against discrimination in all forms including harassment. You have a right to have your voice heard and to hold your employer or supervisor accountable for their discriminatory actions.
If you feel you are being discriminated against because you are a disabled worker make sure to protect your rights. The laws were put in place to hold employers accountable for their actions and it is your right to seek legal help.
Never allow your employer to make you feel intimidated or powerless. The law is on your side and you have the right to pursue your employer in court if they are not following the stipulations of the law.