Overcoming disability discrimination with the help of an attorney

Discrimination comes in many shapes, forms and fashions, all of which are wrong and in some cases, illegal. For an individual with a disability, this type of treatment is not only unfair and unjust, but can be devastating, especially when concerning employment opportunities. Perhaps you have been the subject of such an act while attempting to obtain or keep a job. You could be wondering about your available legal options.

The Americans with Disabilities Act protects qualified individuals who have a disability from job-related discrimination. If you feel as though you are treated unjustly, whether in the initial stages of employment or in termination thereof, knowing your rights concerning employment will likely be beneficial in the long run.

Rights concerning disabilities and employment

Perhaps you are fully capable of performing the duties of a certain job, but believe an employer overlooked or terminated you because of a disability. This type of unjust treatment has led to countless employment discrimination lawsuits in the past. There are several factors that can impact this process, such as:

  • Qualification: To seek action in accordance with the ADA, you must be qualified and capable of performing the tasks of the job in question. This can include factors such as education, experience and skills listed as requirements for the desired position.
  • Accommodation: Companies also have a duty to provide reasonable accommodations for individuals with disabilities, such as necessary equipment and adjustments to policies and schedules.
  • Examination: The ADA prohibits companies from requiring a person with a disability to undergo medical examination prior to employment, unless required of every employee. If you must undergo examination, the result cannot affect your employment unless your disability inhibits your ability to perform the tasks at hand, with or without reasonable accommodations.

If you believe that a company has violated your right to employment under federal and Louisiana state laws, you have a certain amount of time available, generally between 180 and 300 days depending on the circumstances, in which to bring forth a claim.

Obtaining advice and assistance

Unfair and unjust treatment based on a disability can be stressful and challenging to overcome. Along with the potential emotional grief of such an act, you could also be experiencing financial hardships if denied or terminated from employment. If discrimination was a factor, you may have grounds for legal action, but the process can be complex.

You could speak with an attorney who routinely handles such intricate matters. A disability discrimination attorney can thoroughly evaluate your situation and provide guidance throughout this difficult time. If a lawsuit is necessary, an attorney can assist you in pursuing compensation through a claim against the party deemed culpable of discrimination.