Disability Discrimination Laws

The Americans with Disabilities Act is a disability discrimination law meant to prevent discrimination in the workplace. It also lists out factors in which employees can check in determining workplace discrimination. Employment discrimination disability is an ongoing major issue. When someone is disabled, it may draw negative attention - especially in the workplace. Other employees and the employer may wind up treating the disabled individual differently only because of their disability. The Americans with Disabilities Act of 1990 (ADA) protects all disabled individuals from being discriminated against in the workplace due to their disability.

Americans With Disabilities Act

According to the Americans With Disabilities Act, an employer may not discriminate against individuals regarding:

• Hiring
  
• Termination
  
• Salary
  
• Promotions
  
• Overall Treatment

The disability discrimination laws governed by the American with Disabilities Act apply to state government employers, local government employers, employment agencies, labor unions, and private employers. In order for someone to be considered disabled, they must have a mental or physical impairment to an extent that limits one or more essential life activities. According to disabilities law, disability employers must also provide accommodations for disabled individuals in the disabilities workplace, such as handicapped parking spaces.

Determining Workplace Discrimination

How does one determine if they have been discriminated against at the workplace? Let's say, for example, someone doesn't have hands. They might legitimately get turned down for a typist position, without it being considered discrimination since that worker disability prevents them from doing the job. However, if they get turned down for a telemarketing job, that is a different story since the working disability is not affected by the disability. At the same time, someone without legs may find it difficult to get manual labor work, but should not have an issue with getting a desk job solely because of their disability. It is important to note that different states have different state requirements. For example California disability law could be different from Montana's disability law. Another thing to keep up with is new disability law.

Only experienced employment attorneys will have the knowledge to fight your disability discrimination case in court. They will fight for your rights and help you receive the compensation you deserve.

Have you or someone you know fallen victim to disability discrimination in the workplace and would like more information regarding disability discrimination laws? If so, contact one of our experienced employment attorneys in your area today!

Updated: LW