Disability Discrimination Lawyers
Disability discrimination is the biased treatment in an organization an employee’s face. Due to the real or perceived disability, the employee may be treated as different from other regards to the work, promotion, compensation and more opportunities. If anyone feels that he or she has been discriminated due to his disability, he or she can consult a lawyer and can sue that organization or employer for that behavior.
If you want to get a right direction for you and want to get rid of this behavior, you need an experienced lawyer. At Steve Franko Law Firm you will get a lawyer who will suggest you a right direction and can represent you in the court on the behalf of you.
Legal definition of disability
ADA (Americans with Disabilities Act) & PHRA (Pennsylvania Human Relations Act) both are the federal law and the motive of this act is to protect the disabled from discrimination in the areas of employment, public accommodations, state and local government, commercial facilities (such as restaurants and stores), telecommunications, and transportation.
Here are some points if an employee face, he or she can sue an employer:
- Wrong termination of an employee due to his disability.
- Quoting him or her for his or her disability.
- If you don’t get opportunities, due to your disability.
- If an employer providing you more work beyond the limits and that work is not your task.
If you face disability discrimination you can complain about it at ADA & PHRA, both federal laws help you to get rid of disability discrimination.
Employment disability discrimination identification chart
|Physical Impairment: Physical Impairment can be defined as the physical disability of a person in terms of physical functioning, mobility, dexterity or stamina. Other physical disabilities include impairments to the major activities of the life.
Various Physical Disabilities can include:
Various Problems a Person can face during his life includes:
Mental Impairment: Mental Impairment is a mental or psychological disorder which can be due to excess growth of a mind or mental retardation. Other activities include thinking, concentrating, responding to any stimulus.
When A person can’t perform his/her daily life activity and it affects his life in a hasty manner, or a record of his/her performance before perceiving the disability comes under Substantially limiting. When an employee sues an employer for disability discrimination, the court can ask for the documents that prove the disability limits his/her life substantially.
A qualified individual is an employee of an organization who meets legitimate skill such as experience required for that post, education requirements, or other requirements of an employment position that he/she holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation.
Common forms of discrimination
An Employee can be discriminated in many ways which include:
- The best projects are given to other employees
- Assume more superior to the Disabled Person
- He/she is not invited to the organized events
- Benefits provided by company
- Retirement Plans and much more.
Reasonable accommodation is assistance or changes to a position or workplace that will enable an employee to do his or her job despite having a disability. It is mandatory for the Companies to provide satisfactory accommodations to deserving employees with disabilities, according to the ADA, unless doing so would pose an undue hardship. It can include:
- Changes in the workplace
- Modify the time schedule
- Provide leave if required
- Reassignment of new work according to his capability
- Job restructuring
Disability discrimination damages
Various damages that are decided according to title VII act includes:
- Back Pay & Front Pay which includes:
- Wages & Salary
- Fringe Benefits
- Prejudgment Interest
- Negative Tax Consequences a much more.
- Compensative & Punitive Damages
- Injunctive & Affirmation Relief
- Attorney’s Fee
Benefits of an attorney
An experienced Disability Discrimination Lawyer can assist you in the following ways:
- Provide their knowledge of the Federal and state laws necessary to prove your disability discrimination claim
- Fight for your rights, using their knowledge of the Americans with Disabilities Act (ADA)
- Evaluate your disability discrimination case
- Offer legal advice necessary to win your case
- Explain your legal options
- Help you recover damages such as lost wages, compensation for emotional distress, attorney fees, and punitive damages
- Guide you in filing your discrimination lawsuit within the required statute of limitations period for disability discrimination cases.
Special note: “regarded as having a disability”
According to the law, an employer can’t assume itself about employee disability until the disability doesn’t affect his life activities substantially. If it happens, the employer can be sued.
- If an organization considers an employee has a disability, but the employee doesn’t have substantially limiting his/her life activities, it can also be a disability discrimination.
- According to ADA if an organization without knowing the person’s disability behaves with him/her different from others in terms of employment, promotion, hiring, firing, new project etc. then that employer can be sued for disability discrimination.
Ten most common disability claims
This run-down incorporates regular inabilities that fall under the Americans with Disabilities Act (ADA). In spite of the fact that these are the most pervasive, there are numerous sorts of inabilities that fall under the ADA.
- Back or spine injuries:
This is the most well-known inability and records for just about 20% of all in-capacities. It is an umbrella term which incorporates different back, spine and development wounds.
- Mental or psychiatric impairments:
Mental ailment represents a little more than 11% of all inabilities. This incorporates conditions, for example, melancholy, fears, uneasiness, post-traumatic anxiety disorder (PTSD), bipolar turmoil and others.
- Neurological impairments:
These likewise represent a little more than 11% of all inabilities. These weaknesses may incorporate serious migraines cerebral pains, Epilepsy, Parkinson’s infection, numerous sclerosis and other sensory system issues.
- Hand and leg impairments:
Also known as the disability of the furthest points, this spreads people who have long hauled harm to at least one appendage, for example, loss of motion or constrained development as the after effect of a mishap or genuine disease.
- Cardiovascular impairments:
Individuals with any malady of the heart or cardiovascular framework are secured by this term. Around 4.4% of all in capacities are cardiovascular, and they are normally credited to the individual having a frail heart.
- Substance abuse:
With around one in 10 Americans beyond 12 a year old from an addiction, shockingly just around 3.5% of all inability cases are identified with a dependence on liquor, drugs or other substance.
About 10% of the populace experiences diabetes, yet just 3.5% of handicap cases are identified with the ailment.
- Hearing impairments:
Americans who are nearly deaf, hard of hearing or who can’t endure boisterous commotions constitute around 3% of all incapacity claims.
- Vision impairments:
Vision debilitation represents around 2.8% of all ADA guarantees and incorporates people who are visually impaired, can just observe out of one eye, or who have constrained vision.
- Blood disorder impairments:
About 2.6% of all ADA cases are identified with the long haul blood issue, which incorporates hepatitis, lymphoma, leukemia, and others.