What Qualifies as Disability Discrimination in the Workplace?

A disability discrimination occurs when an employee is treated without fair judgment by their employer. However, this also extends beyond the walls of the workplace. Such as not being given the fair chance as a job applicant. Both federal and Alabama law aims to protect these workers from facing this kind of treatment. Ensuring everyone’s rights are respected and no discrimination will be taking place.

A disability discrimination lawyer in Birmingham can help you to understand if your situation falls under these protections and guide you on what action best to take when facing this scenario.

The Laws That Protect Workers

Americans with Disabilities Act (ADA) is the federal law that prohibits disability discrimination. In the workplace, this law is applicable to employers with over 15 employees. This also protects qualified individuals with disabilities from being discriminated upon being hired, promoted, paid, given job assignments, undergo training, and other conditions while under employment.

The Alabama Disabilities Advocacy Program and other state resources are able to provide support. However, the ADA is the main law governing over workplaces on disability rights in Birmingham and across the state.

What Counts as a Disability Under the ADA?

The ADA defines a disability as:

1. A physical or mental impairment that substantially limits one or more major life activities

2. A record of such an impairment

3. Being regarded as having such an impairment

When major life activities are impacted, these are grounds for claims as a disability. On the other hand, conditions that affect your day to day living can also be considered.

Examples of Disability Discrimination

There are various forms of disability discrimination in the workplace. Some common examples include:

• Refusing to hire a qualified candidate because they have a disability or a history of disability

• Firing or demoting an employee after learning about their condition

• Failing to provide reasonable accommodations that would allow an employee to do their job

• Denying opportunities for training or promotion because of a disability

• Harassing or creating a hostile work environment due to a person’s disability

Although no law requires employers to provide accommodations and changes for employees due to reasons of “undue hardship”, they are still expected to discuss and seek a reasonable solution that would not negatively impact the workplace or be at the expense of the business..

Reasonable Accommodations

A workplace cannot outright decline its employees' aid. Especially if a request was made, so they can perform their tasks more efficiently. These reasonable accommodations are some of the known changes that employers can enforce to assist employees with a disability so they are able to perform their jobs as anyone else could.

These may include:

• Adjusting work schedules or allowing remote work

• Modifying equipment or workspace

• Providing assistive technology

• Offering interpreters or written materials in accessible formats

• Reassigning to a vacant position

An employee does have the right to request that their disabilities be accommodated, and in return, their employer will discuss with them to see if a plausible compromise can be reached.

What to Do if You Suspect Disability Discrimination

If you believe you have been discriminated against because of a disability, it is important to:

1. Document everything – Keep records of conversations, emails, and any incidents related to the discrimination.

2. Request accommodations in writing – This creates a clear record of your request and the employer’s response.

3. File a complaint with the EEOC – The Equal Employment Opportunity Commission investigates claims of workplace discrimination. You must file within 180 days of the alleged discrimination in Alabama.

Speaking with a Disability Discrimination Lawyer in Birmingham

No two cases are alike. And employment laws in business would also be unique depending on the city or state. This is why a licensed disability discrimination lawyer in Birmingham would be best suited to review the situation you have found yourself in. As they are able to explain your rights under the ADA and other related laws. This includes filling an EEOC charge, negotiating with your employer, and taking legal action in court.

Spellen Law helps employees in Birmingham and throughout Alabama protect their workplace rights. Contact us today to speak with a disability discrimination lawyer in Birmingham and learn more about how we can help.