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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: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
3 Employment Lawyers are Online Now

How JustAnswer Works:

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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Disability Discrimination Questions

  • I have been working for the same company for 15 years in good

    I have been working for the same company for 15 years in good standing. About 18 months ago I was diagnosed with auto immune inflammatory disease which has impacted my vision and hearing. My midyear review was positive and I was on target to meet my sales quota. My health issues resulted in my needing chemotherapy for 4 weeks in November. I was offered a medical leave if needed. I decided to work through because my side effects were manageable, but I did experience great fatigue. During this time I was given a quarterly business review and was told that I needed to be more aggressive in my sales. The managers were aware of my chemo and illness, but did not take this into consideration. Earlier I was asked to take a comment about my health off a self-reflection by human resources. Today I was let go from this company. I am currently at 112% and 125% of my two sales quotas, but I was told that the numbers didn't count, but that my quarterly business performance review was the factor for my termination. They added that the company was going in a new direction and I didn't fit into that anymore. I only missed about 10 days throughout the whole year as I Ireceived treatment for this illness at Mayo Clinic. I also pursued hearing aids to help with greater hearing. I feel that my loyalty and love of my job is what helped me to push through and I am shocked at this result. I have been told that the managers are recommending a generous compensation package. what advice do you have for me?
    Fred M. Minnesota
  • The owner of the company I worked for let me go after the 90

    The owner of the company I worked for let me go after the 90 day probationary period, stating that my short term memory defecit made me a liability to his company. Is this legal?
  • hi i would like to know it you employer can call you dumb or

    hi i would like to know it you employer can call you dumb or dumber?
    Theresa
    Houston, TX
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