Fighting For Important Causes In State And Federal Courts
Every year, thousands of disabled Americans are discriminated against at their workplace. Ideally, there would be no claims because of this kind of behavior from unscrupulous employers. Sadly, discrimination against disabled people happens more than what many realize in institutions such as universities and colleges. Fortunately, there are ways people with disabilities can fight for their rights and bring their wrongdoers to justice. Depending on your particular situation, you may file a lawsuit against your employer based on discrimination for a disability. Our Penn State College disability discrimination lawyers at The Law Office of Andrew Shubin invite you to keep reading as we discuss this critical matter.
How Can I Sue My Employer for Disability Discrimination?
People with disabilities receive protection from different state and federal laws. However, they are often subject to institutional mistreatment, discrimination, and harassment in the workplace. Fortunately, people with disabilities have the chance to fight against the discriminating party or parties. How is disability defined? The ADA (Americans with Disabilities Act) is the nation’s top authority when it comes to establishing guidelines and laws protecting individuals against things like discrimination.
According to the ADA, it is illegal to discriminate against an individual based on a disability. A person with a disability – according to the ADA – is any person who has a physical or mental impairment that substantially limits their everyday lives. It is worth mentioning the ADA covers a wide range of disabilities under this definition since it doesn’t specify an exhaustive list of conditions that may be interpreted or perceived to be a disability.
The ADA guidelines require all employers with fifteen (15) or more employees to provide equal opportunity to any person with a disability. This includes hiring, promoting, training, and offering privileges as any other person would. Despite this and other laws protecting individuals against discrimination – such as Age Discrimination in Employment Act – many institutions double down on practices that go against the federal mandate.
Universities are an example of institutions where discrimination has been seen over the years. You would expect colleges and prestigious universities to set an example of what fairness and inclusion should be. However, there have been numerous cases where universities have engaged in discriminatory actions against disabled employees. How can you file a lawsuit against a university, based on discrimination in the U.S.?
Suing your employers based on a breach of the ADA guidelines requires you to file a formal complaint with the ADA and the Department of Justice and start the legal process. Typically, you may start your process by hiring a skilled Penn State College employment discrimination attorney with experience handling ADA violation claims.
Proving Disability Discrimination Against My Employer
There are many different ways an employer can discriminate against you because of a disability. Each of these types of discrimination requires you to prove different elements. It is essential to keep in mind since you are the plaintiff, it is up to you to prove your employer’s discriminatory actions.
First, it is critical to make sure you meet the definition of disability, as stated by the ADA. Not all injuries or illnesses may fall under the “disability” category the ADA refers to in its definition. As we mentioned before, you must suffer from a physical or mental impairment that causes a significant impact in your everyday life. In other words, impairments that may affect things like seeing, hearing, and walking – among other impairments. One of the easiest ways to prove you have a particular disability is by providing proof of your medical record.
Next, you should identify the type of discrimination for which you are filing your claim. For instance, discrimination from your employer, in this case, may manifest through the lack of reasonable accommodation(s). Under the ADA, all employers must provide reasonable accommodations to any disabled employee. These accommodations must allow the disabled employee to perform their job.
It is essential to understand some employers may argue they cannot provide their employees with specific reasonable accommodation(s) because it would cause undue hardship. However, this is an argument that should be analyzed on a case-by-case basis. A reasonable accommodation is not limited to the necessary equipment or materials to a disabled employee; it may also include things like lunch break extension and reduced working hours.
Another kind of discrimination may come in the form of harassment. It is illegal for an employer to harass an employee because of a disability. The ADA expressly prohibits this type of conduct at the workplace. However, thousands of employees go through this traumatizing experience every year in the U.S.
Proving your claim based on the lack of reasonable accommodations requires you to present evidence of it. For instance, you may be able to prove you are not taking the time of break needed to deal with your specific disability while working. Furthermore, you may provide evidence showing you lack things like an ergonomic chair, specialized desk, or any other equipment meant for you to perform your tasks adequately.
Proving a disability discrimination claim based on harassment, you will need to provide evidence showing such discrimination. For example, you must provide proof showing you had to endure a hostile job environment created by constant harassing actions at the workplace. Any retaliatory actions taken against you in the workplace based on discrimination can lead to liability. It is always in your best interest to hire a skilled attorney who understands your situation to defend your employee rights and can help you through your claims process.
Disability Discrimination Attorney Offering Free Consultations
If you or a loved one suffered from discrimination at their workplace in a university, we can help. Over our many years of experience handling employment discrimination in universities, we have developed the necessary skills to defend and uphold your rights. In addition to disability discrimination, the attorneys at The Law Office of Andrew Shubin handles various employment discrimination cases, including age discrimination, religious discrimination, and more. we know how difficult and challenging dealing with discrimination in employment can be. Especially if you are someone who has a disability. We don’t fear to face the liable parties and bringing them to justice. We will fight tirelessly and aggressively to get the compensation you deserve for your lost wages, pain, and suffering. To learn more about all of our services in a free, confidential consultation, call our law offices today at (814) 826-3586.