Disability discrimination occurs when an employer treats an employee or applicant unfavorably because she has or is believed to have a disability. The law generally recognizes two forms of disability discrimination: disparate treatment and failure to accommodate.
Disparate Treatment.
The law forbids disability discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. This holds true even when the employer merely perceives or regards an employee to be disabled because of a belief (mistaken or true) that the employee is disabled, or has an unfair bias against people with a particular physical or mental health condition. For example, disability discrimination can take the following forms:
- Refusing to interview or hire a prospective employee because of an actual or perceived disability;
- Firing or laying off an employee because of an actual or perceived disability;
- Taking disciplinary action against an employee for requesting an accommodation;
- Denying the same opportunities or access to promotion as non-disabled employees.
Reasonable Accommodation.
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. A “reasonable accommodation” is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.
Reasonable accommodation might include, for example, any of the following:
- Installing a ramp or modifying a restroom;
- Modifying the layout of a workspace;
- Ensuring computer software is accessible;
- Providing sign language interpreters or closed captioning at meetings and events;
- Making materials available in Braille or large print;
- Modifying a policy to allow a service animal in a business setting; or
- Adjusting work schedules so employees with chronic medical conditions can go to medical appointments and complete their work at alternate times or locations.
Related Services
Team Members
Adam Berger
Andy Boes
Lindsay Halm
Elizabeth Hanley
Carson Phillips-Spotts
Rebecca Roe
William Rutzick
“Great attention to detail, compassion and dedication”
My husband was diagnosed with mesothelioma and we reached out to Kaitlin to represent us, we are so grateful we did. Kaitlin not only knows everything about asbestos law, but she was the most caring attorney we've dealt with. This was a difficult time for us, but Kaitlin made us feel we could leave it up to her.
Frequently Asked Questions
In general, discrimination occurs when an employer treats an employee less favorably because of their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), or disability. The law forbids discrimination in every aspect of employment. For example, discrimination can take the form of unfair hiring decisions, undeserved discipline, unequal pay, or even termination. The law provides a limited time for pursing discrimination claims, so we advised you to speak with one of our skilled employment law attorneys as soon as possible if you believe you have been discriminated against at work.
Not all unfair treatment is illegal. For example, your company can fire you because the boss doesn’t like you. The company’s conduct or decision is not illegal unless it is motivated by a person’s status as a member of a protected group (e.g., because the employee is female, or Hispanic, or gay, or a person with a disability) or in retaliation. We are experienced in making these distinctions and can advise you as to whether you have a claim.
It is illegal to harass an employee because of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to harass someone because they have complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Harassment can take the form of slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct. Sexual harassment (including unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature) is also unlawful. Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal if it is so frequent or severe that it creates a hostile or offensive work environment or if it results in an adverse employment decision (such as the victim being fired or demoted). If your working conditions have become so intolerable due to harassment or a hostile work environment, you may be able to resign and still preserve your claims for wrongful termination and “constructive discharge” against your employer. However, if you are considering quitting your job, we strongly advise that you speak to an experienced employment lawyer first.
Generally, the law forbids an employer from punishing job applicants or employees for asserting their rights to be free from employment discrimination in the workplace, including harassment. Under the law, asserting your rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for: Reporting discrimination or harassment; Resisting sexual advances, or intervening to protect others; Filing or being a witness in a discrimination charge proceeding, complaint, investigation, or lawsuit. Engaging in protected activity, however, does not always shield an employee from all discipline. Our skilled employment law attorneys know the difference and can advise you about your rights.
There are strict time limits for filing charges of employment discrimination, harassment, and retaliation. To preserve the ability to pursue your claims, you should contact one of our skilled employment law attorneys as soon as unfair treatment is suspected. If you fail to act in time, you may be forever barred from bringing the claim before a judge or jury. SGB can represent you in this process and ensure that your claims are not waived.
SGB attorneys have had recent success representing disabled workers, including winning $4.9 million at trial for a man fired because he spoke with a voice prosthetic following surgery for vocal cord cancer. Individuals who have been subjected to disability discrimination or denied a reasonable accommodation will find sensitive, skilled attorneys at SGB who are committed to fighting hard for what is right. There is no charge for us to review your potential claim. Employment cases are either accepted on contingency or billed hourly. We discuss our fees upfront with our clients. Contact us today or fill out our intake questionnaire.