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Disability Discrimination

Federal and some state/local laws prohibit employment discrimination on the basis of a disability, including actual or perceived physical or mental impairments.
Federal law only protects individuals qualified for the position they’re applying to. A qualified individual is someone who can perform the essential functions of the job “with or without reasonable accommodation.” This means that an individual must already possess the necessary experience, skills, and other prerequisites to perform the essential tasks associated with the position. They do not need to be able to perform tasks that are peripheral and not essential job functions
Because each disability is different, whether an accommodation is reasonable depends on the specific situation. Employees with disabilities who need an accommodation must request one from their employer. The request should be made in writing and include information regarding the debilitating condition they have, the tasks they have trouble performing, and what accommodations are needed. It may also be helpful to include a doctor’s note describing the condition, limitations, and what accommodations might help.
Examples of a reasonable accommodation include a modified work schedule, adjustments or modifications to work equipment, adjustments or modifications to exams or training exercises, and making facilities used by disabled employees more readily accessible (e.g., stairlifts, wheelchair ramps, etc.).

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Once your employer receives a request for a reasonable accommodation, they must work with you in good faith to meet your request, if possible. If the employer is unable to meet your request due to undue hardship, they must try to come up with an effective compromise that will still provide the accommodation you need.
You may have a disability discrimination case if your employer refuses to consider applicants with disabilities, refuses to offer reasonable accommodations to disabled job applicants, requires a medical exam before making an employment offer, fails to answer a reasonable accommodation request, fosters a hostile work environment for disabled employees, or makes employment decisions based on an employee’s disability.

If you believe you have a potential disability discrimination claim, please contact us for an evaluation

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