Disability Discrimination: What to Do
With the upcoming pressure on the mentally impaired and physically disabled, the law enforcing bodies firmly established some laws to protect the rights of the disabled in terms of equal employment opportunities. Federal Laws like the ADA, FMLA, Rehab Act, and California state employee rights, in some way or the other, offer protection of the rights of workers with disabilities.
Impaired or not, every individual deserves equal rights to compete for a job or continue his or her position in the organization. But what happens if you’ve been treated unfairly, or have been wrongfully terminated? Here is what you should do:
- Inform Employer of Breach of Right
Even though the ADA was established in 1990, there are a surprising number of disability discrimination cases being taken up in court. The reason? Your employer may simply not be aware of the accommodation that you are entitled to. Don’t be too hasty about taking any legal actions just yet. Take some time out to provide your employer with detailed information so that he or she is given a chance to remedy their actions.
- Assert Your Rights
Once you’ve done your part informing the employer, your next step should be to recommend ways that you would receive “reasonable accommodation”. For instance, let’s say you’ve been turned down for promotion because it requires long hours of driving; and your disability doesn’t allow you such a liberty. Therefore, one suggestion could be to install some equipment that could facilitate your driving ability; this is your disability right. Since you are able to perform the job to the full capacity, fair consideration should be given to you for the position.
- File Formal Complaint; Internally
When the above steps fail, it’s time to make a formal complaint to the upper managers. The reason why this is significant is because, if you decide to take matter to the court, you will have formal documentation that proves:
- The entire management was aware of the issue and discrimination; it is documented
- The company was provided with the chance to make amends
iii. You have had your rights violated
- Obtain a Right-To-Sue Letter
Before you file an official lawsuit, you must get a right-to-sue letter from the Equal Employment Opportunity Commission. Once you file your charge of discrimination, stating the details of the violation, your case will be processed. It is important to note that if you forego this step and file a lawsuit, the judge will immediately discard your case.
- Hire a Disability Lawyer to File Your Lawsuit
On obtaining your letter to sue, it’s time to get in touch with an experienced firm of lawyers who have the expertise and resources to fight for your disability rights. Once you have the best source in hand, the rest of the paperwork will be handled by them!
Photo Credit: Shutterstock/Billion Photos