Disability Discrimination In The Workplace

For millions of Americans living with disabilities, the 1990 Americans with Disabilities Act did more than open doors to the workplace; it signaled a shift in civil rights awareness that continues to evolve and expand its protections to other demographics within our society.

Disability discrimination cases typically hinge on what the essential functions of a job are and whether an accommodation creates an "undue burden" on the employer (if it does, they do not need to make the accommodation).

Discrimination: If You See Something, Say Something

Encompassing the criteria outlined in job applications to the hiring process, compensation and advancement, disability discrimination can occur in all types of work environments and industries. Some common examples of workplace discrimination against disabled persons include:

  • Employment: Nearly any aspect of employment is protected, ranging from hiring, pay, promotions to layoffs and training; the law forbids employers from discriminating against individuals based on disability.
  • Environment: Employers are required to make reasonable accommodations to alleviate undue hardship for their employees. This could mean updating facilities for wheelchair access or installing bathroom facilities that more easily accommodate disabled persons.
  • Harassment: When teasing or other comments cross the line into harassment, it's the employer's responsibility to step in, take action and provide a safe, comfortable environment for everyone.
  • Privacy: In most cases it is illegal for an employer to ask employees or applicants to answer personal medical questions or complete a medical examination as a prerequisite to employment.

Whether you, a family member or a co-worker is experiencing workplace discrimination based on race, gender, sexual preference or because of a permanent or temporary disability, it's important to speak out and take legal action with the help of a skilled lawyer.

An Attorney Protecting The Civil Rights Of Iowa Workers

At our firm, we don't just talk about doing the right thing; we put our words into action. We know that making positive social changes often requires strong legal action. At Higgins Law Firm, PLLC, we put our experience and tested methods to work protecting those who want to make their workplaces safe for all employees. During an initial consultation we can discuss your issue, go over the law, including the Americans With Disabilities Act (ADA), and come up with creative solutions for presenting a strong case.

Schedule a free initial consultation at our Des Moines law office by dialing 515-619-9148 or complete our online contact form.