If you are disabled, you are protected by the Americans With Disabilities Act (ADA). This ensures that those who have disabilities are treated the same as any other employee while on the job. The ADA ensures that you have the same opportunities as any other worker. There are several facets of the ADA, and an employer must abide by the laws.
One facet of the law indicates that you can ask for reasonable accommodations. These are accommodations that will make it possible for you to do your job. The ADA prohibits discrimination against you because of your medical conditions and disabilities and requires that your employer provide you with reasonable accommodations while on the job or when interviewing as a qualified applicant.
If your employer is asked to make a reasonable accommodation and they do so, they cannot charge you for that. The ADA requires that the employer cover it.
The ADA and other federal and state employment laws were enacted to protect employees like you from the mistreatment of employers. They must ensure that you are treated fairly and paid properly, and if they fail to do that, they are in violation of state and federal laws and can face harsh penalties. You can also be compensated for any losses that they have caused you, such as lost wages.
You will need to maintain records and documentation, so you can prove that your rights were violated and that your employer broke laws, such as ADA violations and wage theft. You do have rights and protections available to help you during these challenging times, so be sure to talk with an employment law attorney.
Can an Employer Pay Less?
If you are employed, then your employer must pay you the same rate as anyone with the same qualifications and seniority would get in that position. They cannot make deductions because of a reasonable accommodation that is being made.
They cannot pay you less because you are disabled, and they cannot take money out of your paycheck because they had to pay for accommodations. Any of those actions are illegal and in blatant disregard of the ADA.
You will need to maintain documentation and gather supporting evidence. That means that you should keep all employment contracts, memos and emails, employee handbooks, paystubs, and copies of timesheets or timecards.
If they do this to you, they most likely have done this to other disabled workers so their records should also be reviewed when your claim is filed. Your lawyer can ask for records to be subpoenaed or submitted as evidence.
Coworkers could be called as witnesses if they are familiar with the situation and aware of what is happening. If your supervisor made comments about your disability or comments about your accommodations and that you had to pay for them, be sure to document that. Take notes while the incidents are fresh in your memory. You need to write down what was said, who said it, when it was said, and why it was said.
Speak With an Employment Law Attorney
You will want to make sure an employment law attorney helps you with your claim if your employer has stolen your wages and violated the ADA. These claims can be challenging and complicated, so you will need to enlist the help of an attorney who is familiar with employment law and who knows state and federal laws, specifically the ADA.
When you consult with an attorney, they will go over their payment. Some employment law attorneys will take cases on a contingency basis, which means that you will not pay them until you win your claim and recover compensation.
Be sure to ask your lawyer about his or her payment before retaining their services. You need to know how they work and how much they will be paid.
Your lawyer will file a complaint against your employer and will know how the process works. Your attorney will then work to negotiate a settlement, and if a negotiated agreement isn’t made, then your lawyer will advance the case to court for a decision from a judge and/or jury.
If you have been the victim of wage theft and/or an ADA violation, complete the Free Case Evaluation Form on this page to share the details of your claim with an attorney who handles employment law matters in your area.
