If you’re disabled and you’re a victim of discrimination at work because of your disability you can report your employer for violating Federal and state laws. Federal law prohibits employers from discriminating against employees because of disability, age, gender, and other factors. And most states have discrimination laws that include discrimination based on disability. You have a right to work without experiencing discrimination or harassment.
Reporting Disability Discrimination At Work
If you’re a victim of discrimination at work the first thing that that you should do is report that discrimination to HR. The HR department is there to make sure that the employer follows all the Federal and state laws that dictate what employers can and cannot do. Set up a meeting with HR rep so that you can discuss the discrimination that you’re experiencing.
It’s a good idea to take notes or record the meeting with HR. Then, after the meeting, write up a summary of the meeting and send it to the HR rep. Ask them to confirm that the summary is an accurate reflection of the meeting. That way you will have evidence showing that HR was told about the discrimination that is happening.
However, when you do meet with HR you should have as much evidence as you can get of the discrimination that you’re experiencing. The more evidence you have the harder it will be for HR or your employer to dismiss your claims. You should write out a summary of each incident of discrimination that you’ve experienced. The summary should include the date of each incident, who was involved, and what happened.
Reporting Disability Discrimination To the EEOC
After you have tried to solve the problem by reporting it to HR the next step is to file a claim against your employer with the EEOC. The EEOC is the Equal Employment Opportunity Commission. It’s a Federal agency that investigates workplace rights violations. Because the EEOC is a Federal agency it can investigate employers in every state. You can file a claim with the EEOC online or on the phone.
Reporting Disability Discrimination To Your State
You should also report the discrimination that you’re experiencing to your state. Your state should have a department of labor or a labor board. That’s where you should report your employer for disability discrimination.
If you live in one of the 44 states that has a work-share agreement you don’t have to report your employer to the state labor department. The EEOC will notify the state labor department about the investigation as part of their investigation. Then they will share their findings and all of the evidence that you submitted to the state. At that point the state can decide if it wants to investigate your employer.
What To Have When Reporting Disability Discrimination
The most important part of your claim against your employer is evidence. . You should also include things like:
- Photos
- Videos
- Screen shots
- Emails
- Texts or group chats
- Direct messages
- Pay stubs if you are not being paid fairly.
- Copies of your schedule if your hours were changed as part of the discrimination.
Make sure that you are saving everything that is related to the discrimination you’re experiencing.
Speak With an Employment Law Attorney
To get personalized advice on how to report your employer for disability discrimination, fill out a Free Case Evaluation form to get connected with an independent employment law attorney who may be able to help with your case.
