Understanding Disability Discrimination

Disability discrimination is a serious issue in the workplace, and it's crucial to understand how the law protects you. The Americans with Disabilities Act (ADA) is a key piece of legislation that prohibits discrimination based on disability and outlines the responsibilities of employers.

ADA Definition

Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. This includes conditions affecting walking, talking, seeing, hearing, or learning, as well as major bodily functions like the respiratory or circulatory systems. The ADA also covers individuals with a history of such impairments or those perceived to have them, even if they don't.

This broad definition ensures that many people with different types of disabilities are protected from discrimination. The ADA applies to employers with 15 or more employees, encompassing a wide range of workplaces.

Adverse Employment Action

An adverse employment action refers to any negative change in the terms and conditions of employment due to a disability. This can include:

• Firing or Demotion: Terminating or demoting an employee because of their disability.
• Refusal to Hire or Promote: Denying a job or promotion based on a disability.
• Reduction in Pay: Lowering an employee's salary due to their disability.
• Negative Evaluations: Giving unfairly poor performance reviews linked to a disability.

These actions are illegal under the ADA if they are motivated by an employee's disability.

Reasonable Accommodation

One of the ADA's core principles is the requirement for employers to provide reasonable accommodations to employees with disabilities. A reasonable accommodation is a modification or adjustment to a job or work environment that enables a person with a disability to perform essential job functions. Examples include:

• Making Facilities Accessible: Ensuring that the workplace is navigable for wheelchair users.
• Flexible Work Schedules: Allowing altered work hours or telecommuting options.
• Providing Assistive Devices: Offering tools like screen readers or modified equipment.
• Reassignment: Moving an employee to a vacant position if their current role cannot be accommodated.

Employers must provide these accommodations unless they can demonstrate that doing so would cause undue hardship, meaning significant difficulty or expense.

Understanding these aspects of the ADA helps employees recognize and assert their rights. Discrimination in any form is unacceptable, and knowing the law is the first step in protecting yourself.

In the next section, we'll explore the steps you can take if you face disability discrimination at work.

How Do You Prove Disability Discrimination?

Proving disability discrimination in the workplace can seem daunting, but understanding the legal framework can make it manageable. Here's a breakdown of the key elements involved in establishing your case.

Prima Facie Case

To start, you need to establish a prima facie case of disability discrimination. This means showing enough evidence to suggest that discrimination may have occurred. Typically, you must demonstrate:

1. Your Employer is Covered by the ADA: They must have at least 15 employees.
2. You Have a Disability: As defined by the ADA, including physical or mental impairments that substantially limit major life activities.
3. You Were Qualified for Your Job: With or without reasonable accommodation.
4. Adverse Employment Action: You suffered negative consequences at work because of your disability.

Once you've established these points, the burden of proof shifts to your employer.

Burden of Proof

After you present your prima facie case, it's your employer's turn. They must provide a legitimate, non-discriminatory reason for the adverse employment action. If they succeed, the burden shifts back to you.

Your task now is to prove that the employer's reason is a pretext, meaning it's not the true reason for their actions. This can be done by showing inconsistencies in their story or by providing additional evidence of discrimination.

Record of Impairment

A record of impairment can be a powerful tool in proving discrimination. This involves showing that you have a history of a disability, even if it's not currently affecting you. For example, if you've had cancer that's now in remission, this record can protect you from discrimination based on past health issues.

Employers often discriminate based on perceptions or assumptions about an employee's past conditions. Demonstrating a record of impairment helps establish that discrimination occurred because of your history.

Presenting Evidence

To strengthen your case, gather as much evidence as possible. This can include:

• Direct Evidence: Statements or documents directly linking the adverse action to your disability.
• Circumstantial Evidence: Patterns of discriminatory behavior or comments from supervisors.
• Comparative Evidence: Showing that similarly situated non-disabled employees were treated more favorably.

Understanding how these elements work together is crucial in proving disability discrimination. Being prepared with the right evidence can make a significant difference in the outcome of your case.

In the next section, we'll guide you through the steps to take if you face disability discrimination at work.

Steps to Take if You Face Disability Discrimination

Facing disability discrimination at work can be frustrating and overwhelming. But there are clear steps you can take to protect your rights and build your case.

Reporting to the EEOC

If you believe you're experiencing disability discrimination, it's crucial to act promptly. Begin by documenting every instance of discrimination, including dates, locations, involved parties, and any relevant communications. This documentation can serve as valuable evidence.

Next, report the discrimination to your employer. Follow the company's internal procedures for filing a complaint. This step is essential because it officially places the company on notice about the discrimination.

If the issue isn't resolved internally, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal laws regarding discrimination and offers guidance throughout the process. Remember, you typically have

If you believe you're facing disability discrimination in Mississippi, your first step should be to report the issue internally. Speak with a manager, supervisor, or human resources representative. This internal report formally alerts your employer to the problem and gives them a chance to address it.

If the situation doesn't improve, or if you feel your complaint wasn't handled adequately, consider filing a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency responsible for investigating claims of workplace discrimination. Timing is crucial: you generally need to file your complaint within 180 days of the last discriminatory event, though this can sometimes be extended to 300 days.

By taking these steps, you are better positioned to protect your rights and seek the remedies you deserve.

Filing an EEOC Complaint

If reporting the issue internally doesn't resolve it, you can file a complaint with the EEOC. Act quickly—you typically have 180 days from the date of the discriminatory act to file. However, this period

Documentation

Documentation is key in proving your case. Keep detailed records of all incidents of discrimination. This includes dates, times, locations, and the names of people involved. Note any conversations or emails related to the discrimination. If you requested a reasonable accommodation and were denied, document your requests and the responses you received.

Here's a quick checklist to help with your documentation:

• Journal Entries: Record every discriminatory act or comment.
• Emails and Letters: Save all communications with your employer about your disability or accommodations.
• Medical Records: Keep copies of any medical documentation that supports your disability claim.
• Witness Statements: If colleagues witnessed the discrimination, ask them to document what they saw or heard.

Seeking Legal Help

If these steps don't resolve the issue, or if you need help navigating the process, consider seeking legal advice. An employment law attorney can offer guidance specific to your situation and help you understand your rights. Watson & Norris, PLLC has experienced attorneys who can assist you throughout this process.

Taking these steps can strengthen your case and help you fight back against disability discrimination. Next, we'll explore some real-world examples of disability discrimination to better understand how it manifests in the workplace.

Examples of Disability Discrimination

Disability discrimination can take many forms in the workplace. Let's look at some common examples: job offer withdrawal, refusal to promote, and harassment.

Job Offer Withdrawal

Imagine you've just received a job offer. You're excited and ready to start. But then, the employer finds out about your disability and suddenly rescinds the offer. This kind of action is a clear example of disability discrimination. Employers cannot withdraw a job offer simply because of a disability, whether it's visible or disclosed during the hiring process.

For instance, if an employer learns about a candidate's epilepsy after offering a job and then decides to retract that offer, it may be considered discrimination under the ADA. The law requires employers to evaluate whether the candidate can perform the essential functions of the job, with or without reasonable accommodation, rather than making assumptions based on the disability.

Refusal to Promote

Another example is when an employee with a disability is consistently passed over for promotions despite being qualified. Let's say you have a record of excellent performance, but your employer overlooks you for a promotion and instead chooses a less qualified colleague without a disability.

This could be a sign of discrimination, especially if the employer cites your disability, directly or indirectly, as a reason for not promoting you. The ADA prohibits this type of adverse employment action when it's based on a disability or perceived disability.

Harassment

Harassment in the workplace due to a disability is another serious issue. This can include making offensive remarks, jokes, or gestures about a person's disability. For example, if coworkers regularly make fun of an employee's hearing impairment, it creates a hostile work environment.

The law is clear: harassment that creates an intimidating, hostile, or offensive work environment is illegal. The employer must take steps to prevent and address harassment, ensuring that all employees feel safe and respected at work.

Understanding these examples can help you recognize and address disability discrimination. If you experience any of these situations, remember to document everything and seek help from agencies like the EEOC or legal experts at Watson & Norris, PLLC.

Next, we'll answer some frequently asked questions about disability discrimination to provide more clarity on this important topic.

Frequently Asked Questions about Disability Discrimination

How difficult is it to prove disability discrimination?

Proving disability discrimination can be challenging, but it's not impossible. The key is to gather solid evidence. Direct evidence is the most straightforward way. This could be a written statement from an employer saying they didn't promote you because of your disability.

However, direct evidence is rare. Most cases rely on circumstantial evidence. This includes patterns of unfair treatment compared to non-disabled employees. For instance, if you're consistently passed over for promotions while less qualified, non-disabled colleagues advance, it could indicate discrimination.

Another way to prove discrimination is through comparative evidence. This involves showing that non-disabled employees in similar positions are treated more favorably.

What can you do if your employer is discriminating against you?

If you believe your employer is discriminating against you, it's important to act. First, document everything. Keep records of incidents, emails, or anything that might support your claim.

Next, consider reporting the discrimination. Begin by discussing the issue with your Human Resources (HR) department. If the problem persists, you can escalate by filing a complaint with the Equal Employment Opportunity Commission (EEOC).

These agencies will investigate your claim and can take action against your employer if they find evidence of discrimination. Additionally, consulting with legal experts like those at Watson & Norris, PLLC can provide guidance and support through the process.

What is an example of disability discrimination?

One common example of disability discrimination is a job offer withdrawal. Imagine you're offered a job, but once the employer learns about your disability, they retract the offer. This is illegal under the ADA, which protects against decisions based on actual or perceived disabilities.

Another example is when an employer refuses to promote an employee because they have a disability. Even if the employee is qualified, the employer may cite the disability as a barrier, which is discriminatory.

Understanding these examples can help you identify discrimination and take the necessary steps to protect your rights. Documentation and reporting are crucial in these situations.

In the next section, we'll conclude with how Watson & Norris, PLLC can assist you in navigating these complex legal waters.

Conclusion

Facing disability discrimination can be daunting, but you don't have to steer it alone. At Watson & Norris, PLLC, we specialize in employment law, focusing on protecting the rights of employees across Mississippi. Our team is dedicated to providing the legal expertise you need to tackle workplace discrimination effectively.

Employee representation is at the heart of what we do. We understand the complexities of the Americans with Disabilities Act (ADA) and other relevant laws. Our mission is to ensure that you receive fair treatment and the accommodations you deserve in your workplace. Whether it's documenting your case, filing complaints, or representing you in legal proceedings, we are here every step of the way.

If you suspect that you're a victim of disability discrimination, don't hesitate to reach out. Our experienced attorneys can help you gather the necessary evidence, understand your rights, and take action against unfair treatment.

For more information on how we can assist you, visit our Discrimination Claims page. Together, we can work towards a resolution that upholds your rights and dignity.