Protections For Disabled Individuals

The Americans with Disabilities Act (ADA) and state anti-discrimination laws were created to eliminate barriers to employment for people with disabilities and those who are regarded as disabled.

The Perception Of Disability

You do not have to be disabled to be the victim of disability discrimination. If an employer merely perceives you to be disabled or regards you as disabled even if you are not disabled, and based on that mistaken perception, has made an adverse employment decision such as refusing to hire you, firing you, failing to promote you, denying you compensation or taking other adverse employment action against you, the employer has violated the law and engaged in disability discrimination.

Failure To Provide Reasonable Accommodations

An employer must provide reasonable accommodation for the employee so that the employee can do his or her job. This may be a physical accommodation or something as simple as a change in job schedule, depending on the situation. Examples of "reasonable" accommodations may include:

  • Restructuring the job
  • Installing special equipment or making changes to the facilities
  • Modifying the work schedule or restructuring the job (i.e., a shorter workweek, different work hours or time off to go to medical appointments)
  • Reassigning the employee
  • Modifying or adjusting training materials or policies

It is also illegal to retaliate against an employee for:

  • opposing a disability-based discriminatory employment practice;
  • complaining about disability discrimination;
  • filing a charge or complaint of disability discrimination;
  • testifying or participating in an investigation or proceeding involving disability discrimination. Get In Touch To Learn More

If you believe that you have suffered discrimination and/or if you have reported discrimination and believe that you have been retaliated against, call 401-400-3839 or use our email form to contact the Law Offices of Louise A. Herman for a free consultation.