Living with a disability is not always easy. It can be quite difficult to cope from day to day. Having to endure discrimination because of a disability simply makes things much worse.
Have you been subject to jokes or inconsiderate statements about your disability at your place of work? Has your employer refused to help you do your work more effectively or refused to make reasonable provision to help you work better? You may have a claim for disability discrimination.
The law guarantees you the right to equal opportunities as other employees who have no disability. You are entitled to the same benefits as they are and cannot be denied any benefit on account of your disability.
The Americans with Disabilities Act protects you from discrimination on the basis of your disability. It also provides that reasonable accommodation must be made for you so that you can fulfill your potential in the workplace.
What Is Disability Discrimination?
Disability discrimination refers to different treatment on account of an employee’s disability. A disability is any condition that limits your ability to work as well or as much as others occupying the same position as you.
As far as you have a physical condition that affects your ability to walk, talk, hear, see, learn, or breathe, the law may see you as being disabled. For instance, if you have a speech impediment that affects your ability to deliver in the workplace or if you are lame in a foot, you may be considered disabled under the law.
Mental conditions such as depression or any history of sickness can also qualify as a disability under the law.
Disability Discrimination Based on Relationship
The law also protects you from being discriminated against because of actual or perceived disability of a person related to you. For instance, if your employer refuses to hire you because your child has a disability and your employer fears that you may take too much time away from work, you may have been discriminated against.
It is not necessary for a family relationship to exist between you and the person with the disability. It is enough that the employer was motivated by your relationship with that person, whether family or not.
For instance, if you volunteer at a homeless shelter where people with diseases live, any unfavorable action of your employer against you on that basis can constitute disability discrimination.
Your employer is obligated to make reasonable arrangements to help you perform your work. If you have a disability that means you may not be able to work in the manner that your colleagues do, you may be entitled to reasonable accommodation.
This would be the case if you can do your work with some minor alternative arrangements. The law states that your employer must provide these alternative arrangements.
The things you need to do the work must not be unreasonable, though. Otherwise, your employer may plead undue hardship or that the accommodation is unreasonable. If you face disability discrimination at work, feel free to get in touch with a lawyer.
Contact A Disability Discrimination Lawyer in St. Louis Today
If you are being subjected to discrimination in the workplace as a result of a disability, now is the time to contact HKM Employment Attorneys. Our legal team stands ready to help and provide assistance.