Leave and Disability-Related Issues and Discrimination

Employers may not discriminate against employees with disabilities, nor may then deny the employee a reasonable accommodation...

Leave and Disability-Related Issues and Discrimination

If you are an employee who has experienced discrimination or harassment as a result of a disability, or the need for a medical leave due to health-related condition affecting you or a family member, you know what a challenge it can be to care for one’s health while contending with discriminatory conditions.

Employers may not discriminate against employees with disabilities, nor may then deny the employee a reasonable accommodation that would permit the employee to perform his or her job. An employee may also be entitled to protected medical leave to care for themselves or family members due to a medical condition.

The Americans with Disabilities Act (ADA) and the Family and Medical Leave Act, and similar state and local laws are designed to protect qualified employees and job applicants at companies from discrimination on the basis of one’s disability, or discrimination due to the need for reasonable accommodations due to a disability, and protection from discrimination and retaliation when an employee requires a medical leave to care for one’s health or the health of a family member. These protections include discrimination and retaliation in hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment. Individual states have laws that may apply to companies with less than 15 employees.

If you experience disability- or health-related discrimination, what are your rights?

If you have a disability, potential employers cannot refuse to hire you based on that condition if you are otherwise qualified. Nor can they fire you, demote you, or otherwise discriminate against you because of that condition. Once hired, these laws require employers to provide reasonable accommodations to disabled employees and job applicants unless providing those accommodations would cause the company undue hardship, significant difficulty, or expense. Your privacy also must be respected.

If you or a family member have experience a serious medical condition, you may be entitled to a protected medical leave of absence.

What are your legal options?

If you believe you are a qualified employee who has experienced discrimination or harassment during your employment or your rights to a protected medical leave have been denied or wrongfully interfered with by your employer, legal options may be available. If you have questions regarding your rights, let’s discuss your options and the remedies available to you by law.

Contact us today for a consultation