Discriminating against an employee due to their disability is illegal. There are many ways in which this type of discrimination can manifest, whether in the application or hiring process, in relation to promotions or seniority, pay and benefits or termination and discharge. Prohibitions against discrimination do not, of course, mean that an employer is required to hire any disabled employee who applies for the job – or promote or retain an unsatisfactory employee – or fear being accused of violating the law. What the laws actually require is that employers do not refuse to hire or promote someone who is otherwise qualified to perform the essential functions of the job, either with or without some form of reasonable accommodation. Reasonable accommodation means any adjustments to the workspace that the employer is able to provide without being unduly burdened. If you are a disabled employee, an experienced employment attorney can help you understand and fight for your rights in the workplace. If you are an employer with disabled employees or job applicants, our attorneys can help you understand your responsibilities and what is considered “reasonable” in terms of accommodation.
Instances of employment discrimination in these ways are specifically prohibited by the main federal law that combats disability discrimination, the Americans with Disabilities Act (ADA). Some specific occurrences which amount to disability discrimination under the ADA include:
- Decision not to hire based on disability
- Denying a promotion due to disability
- Demoting or otherwise denying the right to execute one’s job due to disability
- Firing or inviting or forcing resignation by reason of disability
- Refusing to reasonably accommodate a disability
- Retaliating due to requests for disability accommodations
Video with Examples of Disability Discrimination in Oregon
While employers across the country who have 15 or more employees are bound by the provisions of the ADA, employers in Oregon who have 6 or more employees are also covered by the state’s disability law (ORS Title 51, Chapter 659A et. seq.). The state enforces this law – also known as the Oregon Disability Discrimination Statute – through the Oregon Civil Rights Division (ORCD) of the state’s Bureau of Labor and Industries (BOLI). Like the federal Equal Employment Opportunity Commission, ORCD investigates claims regarding civil rights violations in the workplace, and is also charged with educating workers about their civil rights in the workplace. With the help of a Portland employment law attorney, you can fight against any type of disability discrimination if you have suffered it at your job, either through private litigation or by approaching the ORCD or the EEOC. An attorney can also assist employers facing allegations of disability discrimination by past or present employees.
Portland Employment Lawyer – Fighting for You
Accusations of disability discrimination are not always easy to prove or disprove. With the help of HKM Employment Attorneys, however, you have the benefit of our combined experience of approximately 40 years. Our focus is on employment law and our breadth of knowledge in this area allows us to tackle cases confidently as we move them toward a positive resolution. One of our attorneys, Mr. Kalish, is the chief author of the 2010 and 2011 editions of a lawyer’s practice manual on employment discrimination. We are proficient in negotiation, litigation and guiding cases toward resolution, in state and federal courts as needed. Our clients range from government agencies and Fortune 500 companies to individuals and we are equally committed to serving the needs of each and every client we take on.