ADA and Age Discrimination

Were you wrongfully terminated or harassed by a supervisor or colleague based on your age or disability? If so, then you may be able to file an employment law claim. Age or disability discrimination is illegal under both federal and state law and you may be entitled to damages if you file a claim against your employer.

What is ADA Discrimination?

ADA discrimination is when an employer treats a qualified individual with a disability unfavorably because of his or her disability. Those qualified individuals are protected under the Americans with Disability Act (ADA), which is a federal law that was enacted to prohibit discrimination based on someone’s disability. Examples of ADA discrimination in the workplace include:

  • Firing an employee due to a disability
  • Discrimination due to a past disability, such as cancer
  • Failing to accommodate an employee’s disability, such as not purchasing a screen reader for an employee with vision loss
  • Harassing an employee with a disability
  • Declining a job offer or passed over for a promotion because of a family member’s disability

If you believe your employer is showing disability discrimination in the workplace, speak with an employment law attorney today.

What is Age Discrimination?

Age discrimination is when an employer treats a qualified individual unfavorably due to their age.  The Age Discrimination in Employment Act (ADEA), is a federal law that prohibits age discriminating to those 40 or older. Examples of age discrimination in the workplace include:

  • Firing an employee due to his or her age
  •  Disparaging and offensive remarks about someone’s age.
  • Declining a job offer or passed over for a promotion because of someone’s age
  • Being encouraged or forced to retire

In order for a successful disability or age discrimination claim, an employee will need to gather as much direct evidence as possible to prove that his or her employer treated someone without or a disability or someone who is younger differently. 

What is Race Discrimination

Race discrimination is when an employer makes a decision based on the basis of the race or origin of an employee. Title VII is a federal law that protect employees from being racially discriminated against. Examples of racial discrimination in the workplace include:

  • Insulting remarks or behavior regarding someone's race
  • Unwanted conduct related to an employees race

If you believe your employer is showing racial discrimination in the workplace, speak with an employment law attorney today.

Next Steps to Take

You may be entitled to thousands of dollars’ worth of damages if your employer has mistreated you because of your disability or age. Whether you work for a small or large company, if you are experiencing discrimination in the workplace, you should seek the counsel of an employment law attorney. Some employment law attorneys may work on a contingency fee basis, meaning they are only paid if you win your claim. Here is some more information about on different types of examples of disability and age discrimination in the workplace:

ADA Discrimination:

The American Disability Act addresses discrimination against people with disabilities in employment, state and local government, public accommodations and telecommunications. Disabilities under the ADA encompasses both physical and intellectual disorders. However, an impairment does not have to appear as debilitating or lifelong illness to be deemed a disability under the American Disability Act. Learn more here.

Age Discrimination: 

If you are 40 years of age or older and you have experienced unlawful age discrimination you may be entitled to compensation. The Age Discrimination Employment Act (ADEA) is a federal statute that prohibits people 40 years of age or older from discrimination against age at work. It can be tough to say if the employer's acts are influenced by age discrimination or by a sincere conviction that another worker would do a certain job better. Read more to learn about age discrimination and how you are covered by the law.

FMLA Discrimination:

The Family and Medical Leave Act (FMLA) is a federal statute intended to encourage employees to leave their jobs to attend to their own urgent health problems or those of immediate family members (child, partner or parent), maternity complications, the birth or adoption of a child or the placement of a foster child at home.

Gender Discrimination:

Gender discrimination in the workplace means treating others unfavorably because of their gender, whether they apply for a position or are a current employee. While women have made it clear that they have the potential to compete with the same expertise and performance in any effort performed by men, the problem of gender inequality still holds many back. Sexual harassment, even though it is mainly a matter for women, may also be aimed at men as well.

Racial or Religious Discrimination:

Racial discrimination refers to the situation of treating people unfairly due to their race or ethnicity. Federal and state law bans race discrimination in the workplace and there are many types of racial discrimination that can be difficult to recognize, particularly in the workplace. Religious prejudice can take several forms. If you have been refused employment or promotion, threatened or denied work accommodation because of your religious views or activities, or because of your lack of those religious beliefs, you may have a case. Title VII of the Civil Rights Act of 1964 (Title VII) and the Religious Freedom Restoration Act (RFRA) restrict workers from engaging in religious discrimination at the workplace.

General Workplace Discrimination: