EXPERT LEGAL COUNSEL TO ASSESS YOUR DISABILITY DISCRIMINATIO
Disability Discrimination
Disability discrimination occurs when an individual with a disability is treated unfairly, excluded, or denied opportunities because of their disability. It can happen in various areas of life, including employment, education, housing, and access to public services or facilities. Disability discrimination is prohibited under several laws, including the Americans with Disabilities Act (ADA).
It is without question that disability discrimination undermines equality and inclusivity, and legal protections ensure individuals with disabilities have equal opportunities in all aspects of life.
Contact The Mundaca Law Firm today to protect these rights.
Schedule a Consultation with The Mundaca Law Firm
Get started on your potential disability discrimination today by scheduling a consultation with The Mundaca Law Firm. The Mundaca Law Firm offers flexible appointment times and will work with you to find a time that suits your schedule.
COMPASSIONATE LEGAL SUPPORT FOR DISABILITY-RELATED MATTERS
Key Forms of Disability Discriminat
- Direct Discrimination:
- Treating someone less favorably explicitly because of their disability.
- Example: Refusing to hire a qualified individual simply because they use a wheelchair.
- Indirect Discrimination:
- Implementing policies or practices that appear neutral but disproportionately disadvantage individuals with disabilities.
- Example: A company policy requiring all employees to lift 50 pounds without offering accommodations for those who may need assistance.
- Failure to Provide Reasonable Accommodations:
- Employers or organizations must provide reasonable adjustments to enable individuals with disabilities to perform tasks, access services, or enjoy equal opportunities.
- Example: Denying a request to install screen-reader software for an employee with visual impairments.
- Harassment:
- Subjecting someone to offensive or degrading comments, jokes, or behavior because of their disability.
- Example: Mocking a coworker who has a speech impediment.
- Retaliation:
- Punishing or taking adverse action against someone for asserting their rights under disability discrimination laws.
- Example: Firing an employee who requested reasonable accommodations.
- Discrimination by Association:
- Treating someone unfairly because they are associated with a person who has a disability.
- Example: Denying a promotion to an employee who has a child with a disability, assuming their caregiving responsibilities will interfere with their work.
Legal Protections
Americans with Disabilities Act (ADA):
Prohibits disability discrimination in employment, public accommodations, transportation, government services, and telecommunications.
Rehabilitation Act of 1973:
Prohibits discrimination against people with disabilities in federal programs and activities receiving federal funding.
Fair Housing Act (FHA):
Protects individuals from housing discrimination based on disability.
Individuals with Disabilities Education Act (IDEA):
Ensures students with disabilities have access to free and appropriate public education.
EXPERIENCED LAWYER FOR YOUR LEGAL NEEDS
Examples of Reasonable Accommodations
Under the ADA, employers and organizations are required to provide reasonable accommodations unless it causes “undue hardship.”
Examples include:
- Providing screen readers or braille materials for visually impaired individuals.
- Adjusting work schedules for medical treatments.
- Installing ramps, elevators, or accessible restrooms.
- Allowing remote work when appropriate.
Steps to Address Disability Discrimination
If you believe you have experienced disability discrimination:
- Document the incident: Keep records of discriminatory actions, policies, or comments.
- Report internally: Notify HR or the appropriate authority within the organization.
- File a complaint:
- With the Equal Employment Opportunity Commission (EEOC) for workplace discrimination.
- With state or local human rights agencies.
- Seek legal help.