Disability Discrimination
The Americans with Disabilities Act of 1990 (ADA) provided much needed legal protection to individuals with physical or mental disabilities. The ADA Amendments of 2008 strengthened the ADA’s protections. An employer cannot refuse to hire someone or treat an employee differently because of a disability. Of course, the determination of whether any particular physical or mental health condition is considered a disability is made on a case-by-case basis. The ADA requires employers to provide disabled employees with a reasonable accommodation unless the employer can show that the requested accommodation would result in an undue hardship to the employer. In addition, the ADA protects employees from retaliation. An employee cannot be fired, discharged, laid off, demoted or subjected to an adverse employment action simply because that employee exercised rights under the ADA, such as the right to report unlawful workplace harassment or disability discrimination, or the right to request a reasonable accommodation. In addition, you could be a victim of unlawful disability discrimination if your employer regards you as disabled even though you are not disabled. If you have experienced disability discrimination at work, contact a PA disability discrimination lawyer today!
Do you have a disability, or does your employer regard you as having a disability that you do not have?
If so, do you believe your disability or perceived disability was a factor in:
- Your firing or layoff?
- A pay difference between you and a non-disabled employee?
- Your employer’s refusal to promote you?
- A demotion or reduction in job duties?
- A prospective employer’s denial of employment?
- Workplace harassment at the hands of your boss, supervisor or co-worker?
In addition, has your employer:
- Refused your request for a disability related accommodation?
- Refused to enter into an interactive process with you regarding your request for an accommodation?
- Retaliated against you after you requested a reasonable accommodation or complained about disability discrimination or workplace harassment?
If so, contact a PA disability discrimination lawyer today! Pennsylvania employment lawyer Bruce Preissman can answer your questions and provide straightforward counsel and advice regarding your disability discrimination claim. He may recommend filing a claim with the Equal Employment Opportunity Commission (EEOC) and/or the Pennsylvania Human Relations Commission (PHRC), or he may recommend filing a lawsuit. Either way, he can provide comprehensive legal representation to you for your disability discrimination or “regard as” disability discrimination claim.