What Constitutes Disability Discrimination?
Discrimination in the workplace is a pervasive issue in the United States, and the problem includes discrimination against people with disabilities. Both state and federal law prohibit employers from discriminating against employees that have disabilities, and require that employers provide “reasonable accommodation” for such employees. The federal law prohibiting discrimination against disabled employees is the Americans with Disabilities Act (ADA), while the state law regarding such discrimination is found in ORS 659.400.
The types of discrimination that disabled employees may experience can range from being passed over for a promotion to the termination of employment, and it is important for anyone who believes that they may have experienced or are currently experiencing workplace discrimination to contact an experienced employment law attorney as soon as possible. The lawyers of HKM are dedicated to helping disabled employees protect their rights, and strive to obtain the best possible outcome for each client we represent.
In order for a person to be protected from workplace discrimination due to a disability, the disability must be a physical or mental impairment that significantly limits one or multiple major life activities. In addition to actually having such an impairment, you may be protected from discrimination if your employer believes that you have a disability that fits this category or if you associate with others who do. Some of the types of problems caused by disabilities that may make someone eligible for protections under the law include the following:
Problems with eyesight
Issues with hearing
Other mobility issues
Inability to lift things
Issues with manual tasks
Difficulty interacting with others
Employers can discriminate against disabled employees or potential employees by failing to promote them, demoting them, firing them, or not hiring them in the first place. In addition, an employer is required to make reasonable accommodations for employees with disabilities. In order to determine whether an accommodation is reasonable, courts look to see whether the accommodation required would impose undue hardship on the employer. To determine whether an accommodation would impose an undue hardship on an employer, the following factors are weighed:
-The nature and expense of the accommodation
-The over resources of the facility and the impact the accommodation
-The over resources of the employer, and the size of the business in relation to the number of employees and facilities at issue
-The nature of the business, including the way the workforce is structured and the geographic location of the facilities at issue in providing the accommodation
Contact an employment law attorney today
If you believe that you are experiencing or have experienced employment discrimination, you may be eligible to file a claim. The attorneys of HKM are here to help you make sure that your legal rights are protected and that employers are in compliance with the law.