Attorney at Law
Job discrimination based on disability can create a toxic workplace and violate employees’ legal rights. Understanding what qualifies as discrimination, familiarizing yourself with the available legal protections, and knowing how to respond can empower you to address unfair treatment.
Understand Your Rights
Under the Americans with Disabilities Act and state law, employers may not discriminate against prospective or current employees due to disability or perceived disability. Your employer should not refuse to promote or assign you work duties if you can perform the job despite your disability. You also have the right to request that your employer attempt to provide accommodations that allow you to work despite your disability.
Additionally, you have the right to continue working if you can perform your duties with or without reasonable accommodations, which means your employer should not terminate you due to your disability. Finally, you have the right to complain to your employer about suspected disability discrimination. Your employer cannot retaliate against you for filing a complaint or legal action alleging discrimination.
Identify the Signs of Disability Discrimination
If you suspect your employer has discriminated against you due to your disability or perceived disability, you should familiarize yourself with some of the common signs of disability discrimination, such as:
- Your employer refuses to discuss or provide accommodations for your disability
- Your employer refuses your requests for protected medical leave
- Your employer unfairly disciplines you
- Your employer denies you preferred work assignments or career advancement opportunities
- Your employer or co-workers harass you about your disability
- You get excluded from workplace activities
Remember that disability discrimination frequently involves subtle acts by employers, managers, and co-workers.
Document Evidence
If you believe your employer has discriminated against you due to your disability or perceived disability, you should begin collecting and documenting evidence of the discrimination, including:
- Emails
- Text messages
- Performance reviews
- HR complaints
- Correspondence regarding accommodation requests
You should also gather your medical records to document your disability if you have one. If your employer has discriminated against you for a perceived disability that you do not have, you should collect evidence showing that your employer believed you had a disability.
File an HR Report
You can protect your rights and interests by reporting suspected disability discrimination by managers or co-workers to your employer’s human resources department or another supervisor. Your employer may take action to remedy the discrimination you’ve experienced, such as providing requested accommodations, disciplining the employees responsible for the discrimination, or reassigning workers as necessary. If you report suspected disability discrimination to a supervisor or HR, do so in writing to have documented proof that you attempted to resolve the discrimination internally.
Seek Legal Assistance
Contact an attorney right away if you begin experiencing disability discrimination. They can review the facts of your case to determine whether you have experienced disability discrimination at work and have a viable legal claim. Your attorney can also advise you on your options for pursuing relief from discrimination, such as reporting the discrimination to your employer or filing a complaint with administrative agencies or the court. An attorney can also investigate your claims to secure evidence to prove your right to compensation or legal relief.
File a Complaint
When efforts to resolve your claims with your employer fail, you may file a complaint with the U.S. Equal Employment Opportunity Commission or the Connecticut Commission on Human Rights and Opportunities. In some cases, you may also have the option of filing a lawsuit against your employer to obtain compensation or injunctive relief.
Contact Our Firm Today for Help
You don’t have to accept disability discrimination at work, and you shouldn’t. Instead, contact a workplace discrimination attorney to get the legal help you need to pursue claims against your employer. Contact Mitchell & Sheahan, P.C., today for an initial consultation to discuss your options for seeking financial compensation or other legal relief.
Mitchell & Sheahan, based in Stratford, CT, also serves clients in Fairfield County, New Haven County, Greenwich, Danbury, White Plains, and New York.