The Americans With Disabilities Act (ADA) was enacted to keep employer from discriminating against qualified applicants or employees because of their disabilities. The ADA prohibits discrimination in all the different aspects of employment, including hiring, pay, promotion, firing, and elsewhere. If an employee files a complaint, or works toward protecting his or her rights, the ADA protects them from retaliation by the employer.
Disability discrimination takes many forms in the workplace. You may be denied a promotion because of your condition, or you may not be paid the same rate as other employees who are doing the same job. You could also be discriminated against by the supervisors telling jokes about disabled people or by the manager making fun of you or giving you an inappropriate nickname.
When you have been the victim of disability discrimination in the workplace, human resources should address the problem and help you resolve the matter. Their job is to ensure you are treated fairly and that any problems you suffered because of this act is resolved properly and promptly.
If you have filed a complaint and human resources told you to not pursue the matter, they are not doing their job and they are covering up the violation. You do have resources available, and you have rights to pursue a claim.
Gather Your Documents For Your Disability Discrimination Claim
If you have been the victim of disability discrimination in the workplace, you will need to gather all the supporting evidence and documentation that you can to get your claim on track and to prove your case. When you have evidence to show what happened, you are much more likely to have a successful claim. You can show exactly what happened and how you were mistreated and discriminated against.
You will need to gather any documents you were given by your employer when you were first hired for the job. This includes company policies, employee handbooks, employment contracts, job descriptions, and so forth. You should maintain copies of any work-related memos, emails, and files, so you can show the company policies and procedures.
You should document everything. Make detailed notes about what was said or what happened, who said it, when it was said, and in what context was said. Also, write down your response.
As an example, if you told the person to stop what they were doing or told them that you didn’t appreciate their comments. You should also keep documentation that shows you filed a complaint with human resources.
Also, keep proof of any responses from human resources, such as notes or emails. Ask any witnesses for written statements, and if there are audio files or photos of the discrimination then those should be kept as well to support your claim. You should create a timeline that details that events, including the time, date, and situation.
Know Your Rights in a Disability Discrimination Claim
Disability discrimination could be much more difficult to deal with if your employer’s human resources department is not helping you through the process. The ADA offers protections to disabled workers, and if an employer knowingly and willfully violates the ADA, they can face harsh legal repercussions. They can face fines, and they can also be held liable for the damages that the disabled worker suffers.
If you have been the victim of disability discrimination, you should file a complaint with the human resources department. It is their job to address the matter, investigate it, and then try to resolve the issue.
If the matter is not satisfactorily resolved, the complaint will advance, and it could end up with a lawsuit being filed against your employer for failing to address the problems. You can recover compensation for your damages suffered during the discriminatory acts.
How an Employment Lawyer Can Help
If you have been the victim of disability discrimination in the workplace, you should enlist the help of an employment law attorney who handles disability discrimination cases in your area. With the help of an attorney, you are much more likely to resolve the matter and recoup compensation for the damages that you suffered because of being discriminated against. These damages could include lost earnings, backpay, pay raises, lost benefits, and so forth.
To share the details of your claim with an employment law attorney who handles claims in your area, complete the Free Case Evaluation Form on this page.
