Reports indicate that an estimated 53 million people live with a disability in the United States. The Americans with Disabilities Act (ADA) is an important federal law that protects individuals with disabilities from discrimination – including in the workplace setting. Nevada also has its own state law that prohibits employers employment discrimination against qualified individuals on the basis of a disability.
While disability discrimination can involve refusal to hire, refusal to reasonably accommodate, wrongful termination, and similar acts, some forms of discrimination may occur in the absence of any directly adverse employment decisions. Specifically, disability discrimination can take the form of harassment that creates a hostile work environment.
If you have been the victim of any type of discrimination or harassment because of a disability in the workplace, you do not have to endure it. The legal team at the Las Vegas office of HKM Employment Attorneys is here to help you. Please call today to learn how we can protect your rights.
Who is Protected?
It is important to know whether you are protected under the ADA and state law so that you realize your rights. The following individuals are protected under the law:
- Individuals with a disability under the ADA, which is a physical or mental impairment that substantially limits at least one major activity in life;
- Individuals with a history of having a disability;
- Individuals who are perceived to have a disability (mistakenly or not).
In addition, you do not have to be the subject of the harassment or discrimination to be a victim of a hostile work environment. If repeated harassment of a coworker with a disability is offensive to you, you have the right to complain of the harassment as well, with protections from retaliation.
Hostile Work Environments
Even if you may believe a coworker is hostile because they make a comment about you and your disability, a single comment is generally not enough to satisfy the legal definition of a hostile work environment that can lead to legal action. Instead, the comments or actions must be either:
- An isolated incident that is highly offensive or intimidating; or
- Behavior that is frequent and pervasive.
Either of the above is enough to make a victim want to quit their jobs, especially if their employer is not responding to complaints or reports. You have legal rights in this situation to recover for your financial and emotional losses caused by the situation at work.
Call Our Employment Discrimination Lawyers In Las Vegas for Help Today
Individuals with disabilities have the right to earn a living in a job they are qualified to do free from discrimination and harassment. If you believe that a hostile work environment has developed and your employer is not properly addressing the matter, you should not wait to call an experienced employment lawyer to discuss your rights and options. HKM Employment Attorneys will work to protect your rights and ensure you obtain any compensation you deserve due to losses caused by a hostile work environment or other forms of discrimination. Please contact our office online or call today at 702-625-3893 to discuss how we can assist you.