If you have a disability, you are entitled to being able to work with the same opportunities given to other employees. It is up to your employer to make sure that you have everything you need to be successful in your job, and if that is not the case then you could be facing an ADA discrimination complaint against your employer.
Disabilities are one of the protected categories in Title VII of the Civil Rights Act of 1964. Some of the other categories include sex, race and religion.
If an employer discriminates against an employee based on one of these categories it is a violation of federal law (as well as multiple state and local laws) and as an employee you would be able to file a complaint against your employer.
Common Forms of Discrimination in the Workplace
Disabled employees should expect the same treatment as any other employee, even if they receive extra accommodations in order to perform their job duties.
At no time should a person’s disability be the source of jokes, inflammatory or derogatory comments. A disability is also not the grounds to be passed over for a promotion or raise.
If you believe that you have experienced discrimination in the workplace as a result of your disability, then you could have the basis to file a claim against your employer.
Evidence to Gather
Proving intent in discrimination cases is the biggest hurdle. How do you prove that someone was denied a promotion because of a disability? For this reason, you should consider speaking to an employment attorney early in the process so that you have an experienced advocate working with you.
As you build your case, document everything. Get copies of any emails or electronic correspondence (Slack messages, texts, online chats) that corroborate your claim of being discriminated against.
If an incident took place in the open, talk to witnesses and get their statements. Make a note of the time of day and the date of the incidents so that you can obtain any security camera footage that might exist.
Consider whether or not your employer has a history of behavior that suggests that discrimination against people with disabilities has happened before.
In some cases, you might be able to pinpoint whether people with disabilities (or members of other protected categories) have been denied promotions, raises or benefits.
Essentially, if you can prove a pattern of behavior it can go a long way to support your claim and prove intent.
If you speak with your supervisor or human resources about the situation, make note of the response. Did anything happen because of the report? If no action is taken, then you definitely need to speak with an expert.
Get An Expert On Your Side
Once you have your evidence, meeting with an employment attorney can be helpful to determine your next steps. Having an expert on your side will help to alleviate some of the stress from the difficult situation, and it will also help make sure that your case is as strong as it can possibly be.
The major benefit of working with an employment attorney on your ADA discrimination case is that an employment attorney will be able to ensure that you receive the maximum settlement available.
While there is no guarantee that having an attorney means that you will automatically win your case, it does increase the chances for success.
Another benefit to working with an employment attorney is that many of them work on a contingency basis, so you do not have to pay anything upfront and you will only be required to pay if you win your case.
For more information about how an employment attorney can help, fill out a free case evaluation.
