Have You Been A Victim Of Disability Discrimination At Work?
Hatfield & Associates Ltd. has been advocating for the rights of employees in the Las Vegas area for more than 20 years. Many clients seeking representation have been victims of disability discrimination or other violations of the Americans With Disabilities Act. If you believe that your rights have been violated, please contact the firm today to speak with attorney Trevor Hatfield.
Important To Know: The Definition Of Disability Is Expansive
The basic definition of a disability (as defined by the ADA) is a “physical or mental impairment that substantially limits one or more major life activity.” But the statute also covers individuals who have a record of impairment in the past (such as cancer that is in remission).
The ADA even covers individuals who are “regarded as having a disability.” This could include someone who is treated as having an impairment that they don’t have or has an impairment that only limits a major life activity because of the attitudes that others have about the impairment.
Common Discriminatory Practices
Under the ADA, employers are prohibited from discriminating against employees and potential employees based on a disability or perceived disability. This includes actions related to:
- Hiring practices
- Job assignments
- Initial pay, raises and promotions
- Benefits offered
- Layoffs and firing decisions
Although it can sometimes be difficult to prove that adverse employment actions were due to a person’s disability, an experienced attorney can often help you gather compelling evidence to support your case.
Failure To Make Reasonable Accommodations As Required By Law
The ADA requires employers to provide reasonable accommodations to employees with a disability upon request, unless such accommodations would create an “undue hardship” for the company. Examples of common accommodation requests include:
- Allowing employees to sit while performing their job duties if they normally stand (such as cashiers)
- Reassigning employees to less physically demanding tasks to accommodate temporary injury or permanent disability
- Modifying an employee’s workspace with a different layout or some specialized equipment to allow them to compensate for a challenge caused by a disability
- Allowing an employee to modify their work schedule to meet specific needs
- Allowing an employee to work remotely rather than having to always be in the office
Most of the time, such accommodations would be easy and inexpensive to accommodate. But some employers deny these requests simply because they want to enforce rigid policies or don’t want to be inconvenienced. If your accommodation request has been denied, please speak to attorney Trevor Hatfield about your rights and legal options.