How to Know If You are a Victim of Disability Discrimination in the Workplace

A lot of employees in Flemington find themselves to be victims of employment discrimination because of their disability. Thankfully, employees living with a physical disability are protected under the Americans with Disabilities Act (ADA). This protection is meant to level the playing field instead of giving employees with disabilities preferential treatment. With this protection, disabled workers can perform the essential functions of their job and must be given reasonable accommodation if necessary. If you believe you are a victim of workplace discrimination, an employment lawyer in Flemington can help you understand your rights and the actions you can take to prevent the loss of your rights. 

Understanding Disability Discrimination

This form of workplace discrimination occurs when the decisions made impact an employee based partly or wholly on the perceived disability. Employers are prohibited by law from discriminating against qualified individuals under the ADA due to their disability when it comes to job application, hiring, discharge, compensation, advancement, job training, and privileges and terms and conditions of employment. Under the ADA, a qualified individual refers to a person with a disability who can perform the essential functions of their employment position they hold or desires. 

Are You a Victim of Disability Discrimination?

Whether or not you are a victim of disability discrimination in the workplace depends on the facts of your case. Even if you are a qualified individual with a recognized disability and have had an adverse employment experience, this does not necessarily mean you have been discriminated against on the job. Employers can rightfully discipline and terminate employees with disabilities when their decision is not based on discriminatory factors. If you suspect you have a discrimination case, you should consult with an experienced employment attorney as soon as possible. Your lawyer will review the facts of your case and give you an opinion on whether any adverse employment action may have resulted in discrimination. You need to act in a timely manner so you don’t lose your rights to recover. Also, evidence can be lost and the memories of witnesses may fade over time.

Discrimination based on a person’s disability can take a lot of forms. It can include comments about the disability, accompanied by some kinds of adverse employment action or decision, and made by managers, coworkers, and executives. This action might include less favorable employment conditions, refusal to promote, layoff or termination, or disciplinary proceedings. Also, disability discrimination can include situations in which a disabled employee can perform the essential functions of their job with reasonable accommodation and the employee refuses to accommodate.