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Disability Discrimination in the Workplace

For the ordinary person, there are a lot of legal questions that arise pertain to Disability Discrimination. These can range from disability discrimination in the workplace, disability discrimination laws, and physical disability discrimination. When people are faced with situations like these they can turn to Experts for insights or solutions. Listed below are five for the top Disability discrimination questions that have been answered by Experts.

What is Disability Discrimination?

Typically, disability discrimination happens when a manager, supervisor or owner of the company, behaves inappropriately towards an employee with a disability. This could include, the employer not making sure that the work environment is safe and accommodating the employee with disabilities as well as making slurs, jokes or condescending verbiage towards the employee.

How does someone sue for disability discrimination in the workplace?

When someone is suing for disability discrimination they primarily are required to create a grievance with the state commission on human rights, civil rights, and EEOC before the individual can sue for disability discrimination under the ADA. They will decide the individual’s additional rights after they continue through the administrative process that the law requires. Each state may differ on the law process and may need state specific answers. Ask an Expert for state specific laws

. How much detail or information would someone need to file a complaint with the EEOC for employee disability discrimination?

The individual will basically need sufficient details and evidence to justly prove and file a substantial claim. Details would include individual’s disability, the proof that the employer knows of the individual’s disability and the grounds that the individual believe to demonstrate a connection involving the claim pertaining to the individual’s disability.

If someone has taken a FMLA leave due to health issues related to stress from a disability discrimination case, would the FMLA forfeit any right to sue the employer for the discrimination?

The employee should not have to sacrifice any of the rights to sue the employer, however the quantity compensated to them by the STD (Short Term Disability) may be jeopardized. They may not receive any of their wages from when they were out on disability, since they were previously compensated except for the difference between the STD compensation and their wage compensation.

If a party filed a charge of disability discrimination with the EEOC against their former employer about a year and a half ago, and they received a call from the EEOC today saying that they would be receiving a right-to-sue-letter in the next few day. Is it even possible to find an attorney who would be willing to represent them?

The individual will have a better chance of obtaining an attorney, since they have already went through the EEOC process and has a letter stating that they have a right to sue. The court won’t file a claim without having a letter stating that they have a right to sue. Just because the party has the letter that doesn’t mean they have a positive or negative case, it simply means EEOC is through with it. Depending on the party’s personal details will determine if they find an attorney to take their case, rather than the EEOC process. Once the party receives the letter they should start calling right away because they do have a time limit to file. Since the time limits vary, and can be state specific, ask a lawyer for state specific filing questions before obtaining an attorney. This could save you time and money. Disability discrimination is a very diverse topic that often can spark other related questions to form or pop up. Such as: direct disability discrimination, indirect disability discrimination, and mental disability discrimination. Experts can be of help with fast and effective answers at a fraction of the cost of a lawyer consultation.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8061
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
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Recent Disability Discrimination Questions

  • On July 18, 2014, I filed a race, ADA (perceived disability)

    On July 18, 2014, I filed a race, ADA (perceived disability) discrimination and retaliation lawsuit against my current employer. On August 14, 2014, a co-worker who is of the same race as me filed a workplace violence complaint against me. In my co-worker's complaint she accused me of calling her a 'bitch,' and adding 'We can take it outside if you want to.' On October 17, 2014, my employer sent me a certified letter informing me that my co-workers complaint has been referred to a pre-disciplinary hearing. The letter also provided me with the report of the Human Resource investigation. According to the Human Resource investigation, four anonymous employees were interviewed and three employees stated that they did not hear me call my co-worker a 'bitch,' and add 'We can take it outside if you want to.' However, one employee did state that she heard me call my co-worker a 'bitch,' and thinks that she heard me say 'Lets take it outside.' The human resource is recommending that I be disciplined for calling my co-worker a bitch. Here is my side of the story, I have never received corrective action in the past. I did not call my co-worker a bitch. At the time I was on my personal cell phone while on my break. One of the employees interviewed confirmed that she saw me on my cell phone. According to another employee who was interviewed, "A co-worker told them to go back to work." This co-worker heard everything but was never interviewed. In addition, the employee who made the workplace violence report against me is included as a hostile witness in my current lawsuit of discrimination. I believe she is a hostile witness because after filing an EEOC complaint to form the basis of my lawsuit my workload was increased far more than that of the co-worker who made the workplace violence complaint. I believe that this workload increase is in retaliation for filing an EEOC complaint and the co-worker who made the workplace violence report stated that her workload is greater than that of my workload in a work study which was conducted by Human Resource personnel. This work study was a direct comparison of my workload vs my co-workers. The Human Resource personnel maintains that our workload are equal. In the past, anonymous employees in this same department have made false complaints against me. In December of 2010, I was referred to the Employee Assistance program for a fitness for duty investigation after making an internal complaint of discrimination. Specifically, I complained to the Human Resource manager that my previously approved lateral transfer to another department was given to supervisor's wife who was then immediately promoted. Then Anonymous employees were interviewed by Human Resource personnel made accusations that I was psychotic, my reactions were unpredictable, I was blocking employees from entering the bathroom, employees were fearful of me and avoided me at all cost. I was evaluated my employers licensed counselor on three occasions. My employers counselor wrote a letter to my department stating that there was no evidence that warranted a fitness for duty evaluation. I discovered the anonymous employees accusations two years after I was sent to the employee assistance program. The Human Resource personnel provided the counselor with a investigative that included the false accusations made by anonymous employees. The Human Resource Personnel violated the due process clause because I was never given a hearing in which I could challenge the accusations made by the anonymous employees. I was never provided the names of the employees who made the accusations in 2010, and their accusations are included in my current federal complaint. Although, Human Resource personnel never provided me with the names of the employees who made the complaints, I believe that the co-worker who made the workplace violence complaint against me was included in the prior complaint which occurred in 2010. Therefore, I believe that the workplace violence complaint is in retaliation for filing a federal lawsuit. In your opinion, Do you think I should provide the hearing officer with the past history of anonymous employees who have made false accusations against me? What is your advice?
  • I filed charge with eeoc and have attorney who thinks I have

    I filed charge with eeoc and have attorney who thinks I have a good case for age discrimination and disability discrimination. Since it is the weekend my attorney is unavailable and I had a few questions. I see on the eeoc website the cap for damages is 300,000. Is that for each charge? And also can u collect state and federal damages seperately?
  • is medical suspension common? (wife) she does have a back issue and has cooperated fully

    is medical suspension common? (wife) she does have a back issue and has cooperated fully including submitting Dr. report and signing releases to speak with Dr. and physical therapist.Job description does not state that she must be able to lift X amount and completes all tasks assigned otherwise. this week she was suspended w/pay (does she have to use her vacation?)
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