The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees with disabilities. So, if you have experienced disability discrimination in your workplace, you may have grounds to file a claim or lawsuit seeking compensation accordingly.
It is important to note that your chances of holding your employer accountable will be greater if you understand how to respond to ADA discrimination at work. This guide will explain what you should know.
How To Handle Disability Discrimination
Do you believe you’ve been the victim of disability discrimination in the workplace? If so, you may be eligible to receive compensation by filing a claim or lawsuit against your employer. And, if you have lost your job due to your disability, filing a claim could also potentially give you a means of seeking reinstatement.
Building the strongest case possible is critical in these circumstances. To build a strong ADA discrimination case against an employer, take the following steps:
- Keep a log in which you describe when, where, and how any instances of disability discrimination occur. Additionally, preserve any evidence that may support your allegations of being the victim of disability discrimination and/or termination. This evidence can include emails, witness statements, chat logs, voicemails, performance reviews, memos, and even the text of your employer’s official anti-discrimination policy. It is important that you continue to maintain the log and add evidence to your file even after you have filed a claim. This is because discrimination will not necessarily stop simply because you have started the process of taking legal action.
- Formally report your complaint to your employer. Your employee handbook may provide instructions for filing an official complaint with Human Resources (HR). If it does not, send an email to both HR as well as your supervisor explaining why you believe disability discrimination has taken place. Do not make your request over the phone or in-person, as you need to have a written record that you filed your complaint. When filing a formal complaint, ask your employer to keep detailed copies of any documentation regarding how they addressed your concerns. Again, you must ensure that this part of your request is also in writing.
- There’s a good chance your employer may not properly remedy the situation. If this is the case for you, after filing your complaint, you should meet with an ADA discrimination attorney to learn more about your potential legal options in these circumstances. Your initial consultation should be free, so you don’t have to worry about spending any money by meeting with an attorney.
- File a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or, if applicable, another relevant state agency. The agency with whom you file a claim will conduct its own investigation. After doing so, the agency will either file a lawsuit or provide you with a letter indicating you have the right to file your own lawsuit.
Get Help With Your ADA Discrimination Claim
ADA discrimination claims and lawsuits are becoming increasingly common throughout the U.S. This could indicate that disability discrimination remains a significant problem.
If you’ve been the victim of disability discrimination, an attorney may be able to help you pursue justice and recover damages. To get started, complete the Free Case Evaluation on this page to get connected with an independent, participating attorney who subscribes to the website.
