Disability discrimination is illegal. It happens more often than you might think. Any time an employer denies a job, promotion, training, or benefits to a person because of their disability, this constitutes a case of disability discrimination. The Americans with Disabilities Act (ADA) explicitly prohibits persons with disabilities from being denied opportunities due to their impairment. (The Rehabilitation Act of 1973, not the Americans with Disabilities Act, covers federal employees. But the protections are similar.)
In addition to enforcing workplace civil rights and FMLA laws, the Equal Employment Opportunity Commission (EEOC) enforces federal laws concerning disability discrimination.
At the state level, two laws protect disabled persons: The Equal Employment for Persons with Disabilities Code, and the Georgia Fair Employment Practices Act. At the city level, Atlanta passed in 2019 a non-discrimination law, which outlaws disability discrimination.
Employers who fail to create a reasonable and welcoming work environment for disabled persons violate the ADA.
If you’ve experienced such discrimination in Atlanta, don’t hesitate to contact a disability lawyer as soon as possible. You may be eligible for compensation due to the damages you incurred.
What Is Disability Discrimination?
Disability discrimination is the act of treating someone less favorably because they have a disability. By law, a disability is any mental or physical impairment that limits a person’s daily life. All employers are required by federal and state laws to provide a level playing field for applicants with disabilities. Furthermore, current employees shouldn’t be denied benefits, promotions, or training simply because they’re disabled.
An employer may also be violating the ADA by failing to provide reasonable accommodations to disabled employees. For example, physically disabled persons may need automatic door openers or grab bars in the bathroom.
Who Do Disability Laws Protect?
You may be wondering if you’re actually covered by disability laws. In Atlanta, workplace disability laws apply to the following:
- Any employer who hires at least 15 employees
- An employee with a physical/mental impairment that significantly limits daily activity
- An employee who was previously disabled
- Any employee who is wrongly perceived to have a disability
In the last two cases mentioned above, an employer can’t discriminate against someone who previously had a disability, or someone who the employer believes has a disability. This means that any such perceptions from the employer will have the employee protected under ADA laws. These laws also protect women from pregnancy discrimination.
Why You Should Hire a Lawyer for Disability Discrimination
If you have a disability in Atlanta, the ADA protects you from any discrimination in the workplace. Hiring a discrimination attorney will help you fight back against cases of employment discrimination. For example, if you’re being denied a promotion based on your disability, a lawyer can help you file a case for any damages incurred. A lawyer can also help you ascertain that your disability case actually qualifies for a strong lawsuit against your employer.
At HKM Employment Attorneys, we fight to protect you against discrimination in the workplace. If you’re a victim of disability discrimination, don’t hesitate to contact our Atlanta disability discrimination attorneys for legal advice. Our practice areas cover all aspects of employment law. We represent clients from all of Metro Atlanta, including Fulton County, DeKalb County, Alpharetta, Decatur, and beyond. Let HKM Employment Attorneys get your discrimination case settled today.