Disability discrimination is when an employer treats you differently than other colleagues because you are disabled. Arizonans with disabilities are protected from discrimination under the Americans with Disabilities Act, the Arizona Civil Rights Act, and the Arizonans with Disabilities Act. However, this protection is for employees who work for employers with more than 15 employees.
How Does Disability Discrimination Happen?
According to the Americans with Disabilities Act, employment discrimination occurs when an individual qualified for a certain job is treated unfairly due to their disability. The Equal Employment Opportunity Commission (EEOC) condemns such behavior in all aspects of employment. The hiring process, job assignments, promotions, training, payment, firing, and fringe benefits should be fair regardless of your condition.
What is Reasonable Accommodation?
Federal laws require employers to provide reasonable accommodations to their disabled workers. These are measures and modifications that help people with disabilities to perform their jobs as people without a disability. Accommodations include:
- Parking space
- A larger restroom
- Wheelchair ramps
- Medical leave
- Voice-activated computer software for the blind
- Modified work schedule
- Practice areas
- Specialized training
If you have been fired because of requesting workplace accommodations, the law firm HKM Employment Attorneys can seek recourse for you.
What Counts as a Disability?
The ADA describes incapacity as any physical or psychological impairment that can hinder key life activities. These include impairments such as standing, seeing, hearing and walking. Diseases such as cancer may fall under this category. Impairments from pregnancy can also be considered disabilities. If you become disabled while on the job, you could be entitled to FMLA protections. With the help of an employment lawyer, you can determine if you have a condition that places you under the protection of the law.
When Do You Need a Disability Discrimination Lawyer?
According to the EEOC, you need a disability discrimination lawyer if:
- Your employer hesitates to make changes that would help you work efficiently
- Wrongfully terminated due to disability
- Deaf and you need a translator
- You have mental health issues and need periodic time off
- You need special access to work areas
- You need to work from home because of a certain illness or physical challenges
- You take medications that impact your work
How to Determine If You Have a Disability Discrimination Claim
Getting legal advice from discrimination lawyers can help determine if you have a viable disability discrimination case. Title VII of the Civil Rights Act of 1964 forbids discrimination.
Looking for legal services will help you understand the strengths and weaknesses of your case. If you feel that you have been discriminated either by age discrimination or due to inability, look for a lawyer who understands discrimination laws.
At HKM Employment Attorneys, we have the experience, resources, and skills in employment law to fight for your rights. We have handled cases dealing with all aspects of employment. Our employment attorneys work with clients in Phoenix, Scottsdale, Tempe, and all across Maricopa County. Give us a call today to schedule a consultation.
