Disability Discrimination from an Employer

An employer may not discriminate against an employee because of a disability if that employee can do the essential functions of his or her job with or without reasonable accommodation.

If you can do your job but your employer perceives you as a disabled employee and terminates or discriminates against you, you may have a claim.  Also if you can do your job but you need a reasonable accommodation and your employer refuses your request for an accommodation you may have a claim.  May workers who are injured on the job can do the job with a reasonable accommodation of light duty.  If your employer refuses your light duty restrictions you may have a claim of Disability Discrimination.

Common Forms of Disability Discrimination in the Workplace

Although employers are legally prohibited from discriminating against workers due to their disability, it still happens. Here are common forms of disability discrimination from an employer:

• Not Hiring a Candidate Solely Based on Disability: When making a hiring decision, employers are prohibited from basing that decision on a candidate’s disability. If a candidate with a disability has the appropriate experience and skills and can handle the demands of the job, an employer can’t refuse to hire him or her.

• Blatantly Harassing an Employee With a Disability: Unfortunately, some employees with disabilities are frequently harassed in the workplace. This can create a very hostile environment and make it difficult to go into work every day. Types of harassment may include making offensive comments, telling crude jokes and verbally threatening an employee.

• Refusing to Accommodate an Employee’s Disability: As long as it’s reasonable, employers are required to accommodate an employee’s disability. For example, if an employee is in a wheelchair, he or she may request a wheelchair ramp to get around the office easier. If an employer outright refuses to accommodate a worker’s disability, it’s considered discrimination.
• Punishing Disabled Workers for Reporting Discrimination: If a disabled employee is facing harassment at work or isn’t being reasonably reasonably accommodated, he or she should be able to report it to his or her employer. However, some employees may become upset over these complaints and penalize employees over them. For example, an employee may issue a written warning or threaten termination. This is another form of disability discrimination from an employer.

Consulting a Lawyer About Disability Discrimination

If you believe you’re the victim of disability discrimination from an employer, you should talk to a skilled disability discrimination Attorney in El Paso, TX promptly. A lawyer can assess your claim and advise you the best way to proceed. He or she can help you gather the necessary evidence, locate witnesses and protect your legal rights.

During your initial consultation with a lawyer, go over the kinds of discrimination you’ve faced at work in full detail. If you have any documentation pertaining to your case, such as an employment contract or emails about accommodations, you should bring it with you. The more information your lawyer has to go on, the better he or she can assist you.

If you have any questions for your lawyer, like about the strengths and weaknesses of your case or the fee structure, don’t hesitate to bring them up. Please call Davie & Valdez P.C. today!