What Should I Do If I’ve Been a Victim of Disability Discrimination at Work?
When it comes to an employer’s ability to make decisions on applicants and existing workers, they are only supposed to look at the employee’s qualifications and ability to perform the essential job functions. Unfortunately, there are some employers who allow their own personal prejudice and bias affect their decisions when it comes to business. But thankfully there are laws in place which makes it illegal for employers to act on such prejudices, but sometimes it does not stop them from making such harsh decisions. If you have a disability, it is unlawful for an employer to use that against you when considering your application or continued employment. If they do, they have committed disability discrimination. This is where we come in.

At the California Employment Attorneys Group, we help people who suffer in the injustices of disability discrimination every single day. We help explain the existing laws in place that are meant to protect employees from discrimination. We get asked questions regarding what the employer can and cannot do regarding their disability. Examples of such questions include:

  • What should I do if I have been a victim of disability discrimination at work?
  • What steps to take if you are being discriminated against at the workplace because of your disability?
  • Can I sue my employer if he discriminates against me because of my disability?
  • What do I do if my boss discriminates against me because of my disability?
  • I was fired because of a disability. What steps do I take?
  • I was not hired because of a disability. What should I do?
  • What do I do if my boss treats me differently because of my disability?

File a Charge With Human Resources
Telling your employer about the disability discrimination you’ve received at work may make your employer alert to the discrimination and fix the issue. Some employers may brush it off in which case a more formal complaint must be made. Others, once they understand you know your rights as a disabled person, will take action post haste. Before you take legal action, you may want to file an internal charge with your Human Resource representative and give your company to resolve the issue right there and then.

Here are a few things you should do in order to make a proper complaint to your HR representative:

  • Make your complaint in writing, and explicitly state the kind of discrimination of which you’ve become a victim. E.g., “Disability discrimination.”
  • Be concise in your writing, and stick to the point. Focus on what you want to get across and stick to it.
  • Keep a record of every conversation you have with your HR representative.
  • After each meeting, send an email to HR and highlight the main points that were conversed in the conversation, and have the represent confirm that which was highlighted.

File a Charge With Employment Government Agency
When it comes to disability discrimination, the Americans with Disabilities Act (ADA) of 1990, protects those employees with a disability from being fired, disciplined, or harassed because of their disability. If they can perform the essential functions of a job, an employer must not single them out and treat them differently or unfavorably.

When your employer’s incessant disability discrimination does not stop, even after you have given them a chance to correct their unlawful behavior, it is time to pursue legal action. Talk to an employment lawyer to comprehend your full rights.

If you want to file a lawsuit against your employer, you first have to file a disability discrimination charge with an employment government agency first. There are anti-disability-discrimination laws at both federal and state level. At the federal level, the Equal Employment Opportunity Commission is the agency which enforces the ADA. Under the EEOC, you have 180 calendar days to file your charge. This deadline can be extended if the state in which you work also offers protection from the same kind of discrimination. In this case, the state of California offers protection from disability discrimination and so that deadline is extended to 300 days from the last day you received discrimination. Duplicate files of your charge are made at both agencies to best protect your rights under both state and federal laws.

You can then request a “right-to-sue” letter which gives you the ability to take your employer to court. It is recommended that you only request this letter once you and your attorney are fully ready to go to court because you only have 90 days to file your lawsuit.

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