Whether you are suffering from a Traumatic Brain Injury (TBI), a physical handicap, blindness, or another disability, your employer has no legal grounds to terminate you or not hire you based on your disability. According to the Missouri Department of Labor, the Missouri Human Rights Act protects disabled employees and potential hires from workplace discrimination. If you have experienced disability workplace discrimination, you need to get in touch with a St. Louis lawyer with the HKM Employment Attorneys today.
Discrimination in the Workplace
Employers are prohibited from making an unfavorable decision based on someone’s age during:
- The application and hiring process;
- Pay and benefits;
- Promotions or raises; and
- Job termination.
Furthermore, employers are expected to make reasonable accommodations for their disabled employees, such as putting in a wheelchair ramp, creating a ramp cut out in a parking lot sidewalk, or providing hand rails on a flight of stairs or abrupt step. Many of these accommodations are required by state law regardless, and other reasonable accommodations can include more minor provisions, such as moving office furniture around to provide for a wider walk way.
If an employee brings a disability discrimination claim against an employer or asks for an accommodation to be made for his or her disability and is fired or retaliated against in another matter, that too is grounds for a lawsuit. You should also talk to an attorney if you have asked for a specific accommodation to be made for your disability and your employer has failed to take action or has denied your reasonable request. Many employers do not understand their duties to provide accommodations, and will only take action when they are forced to do so.
Disabled employees and job applicants who are protected under the Missouri Human Rights Act are classified as “disabled” only when they meet at least one of the following requirements:
- At least one major life activity is substantially limited by a mental or physical impairment;
- They are regarded as having an impairment as such; or
- They have a record of having a substantial impairment and they can fulfill the essential functions of their job either with or without reasonable accommodations.
Protecting the Rights of Disabled Workers
Just 17.9% of people with disabilities are employed, according to the Bureau of Labor Statistics. Unfortunately, a big reason for this low employment rate is not that people with disabilities cannot work, but that employers are unwilling to hire, provide fair pay, advertise to, and make accommodations for disabled people. At HKM Employment Attorneys LLP, we protect the rights of disabled employees. Give us a call today to set up a consultation.