Disability discrimination occurs when an employer treats an individual with a disability who is an employee or applicant unfavorably because he/she has a disability. This includes not hiring, not promoting, not accommodating, or terminating someone because of a known or perceived as disability.
What is a disability?
It is not possible to include a list of all the specific conditions that would constitute physical or mental impairments, but some examples may be useful.
- AIDS, and its symptoms;
- Blindness or other visual impairments;
- Cerebral palsy;
- Bi-polar Disorder;
- Anxiety or Panic;
- Hearing or speech impairments;
- Heart Disease;
- Migraine Headaches;
- Multiple sclerosis;
- Muscular dystrophy;
- Orthopedic impairments;
- complications from Pregnancy;
- Thyroid gland disorders;
- loss of body parts.
These are only a few of the qualifying disabilities that are covered under the American’s with Disability Act. We find that most people will look at this list and say, yes, I have such a disability, but what does that mean? The best way to explain this would be to give an example.
Client A suffers from diabetes. While he at most times can perform his job without any complications, one day he became hypoglycemic, passed out in a chair and was thereafter accused of sleeping on the job and he was terminated. This was an actual client, who prevailed on his suit against his employer for a discriminatory discharge due to his disability.
Client B suffers from a problem with IBS which requires that he use the bathroom frequently. He performs as a driver which will require that he make stops along his route. The employer refused to allow these stops, even after Client B provided a medical note. The employer was found guilty of having failed to accommodate an employee with a known disability.
We understand that it is confusing and sometimes difficult to understand or even realize if your particular situation qualifies you as a covered individual with a disability. That is why Employee Rights does NOT charge a consultation fee and why we urge you to call us to discuss your particular situation and let us help guide you.
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