There are many types of discrimination that you can suffer from and many different places where you can face discrimination. Labor and employment law protects individuals against discrimination in the workplace. Title I of the Americans with Disabilities Act deals with discrimination on the grounds of physical or mental disability.
Title I of the ADA covers employment discrimination by state and local authorities, private companies with 15 or more employees and religious organizations with 15 or more employees. This requires that government and business entities do not discriminate during the recruitment and employment process. This includes specific questions during the interview before hiring reasonable accommodation once a disabled person is employed.
Which questions cannot be asked?
A potential employer can not come out and ask you if you have a physical or mental disability, but you are not limited to it. If you are asked during an interview why you are using crutches or if you are taking medications, these can be discriminatory issues and therefore a violation of the ADA. If an employer asks you if you can stand longer or raise 50 pounds, it can be unfair if you have a handicap that prevents you from doing those things. For example, if you have arthritis and can not stand a long time, the simple question of whether or not the prospective employer is eligible may be in breach of the law.
The next question that arises is what is appropriate accommodation.
There are the obvious precautions that the ADA needs, such as wheelchair ramps, wheelchair lifts, and automatic door openers. But what if you do not sit in a wheelchair? What if your disability is not apparent when you look at it? The Lee Legal Group employment lawyers and the ADA will work until the employer change your work plan or work task . You may need to change your work equipment . The accommodation can be as simple as a chair. Proper arrangements will give you the opportunity to do your job as long as this provision is not overly burdensome or financially restrictive for the employer.
What are your remedies if you have been discriminated against due to a mental or physical disability?
Regardless of whether they are intentional acts or practices that have a discriminatory effect, you are entitled to reimbursement, reinstatement, promotion, getting a front pay and receive adequate accommodation or other acts that would make a person “whole”.
Their remedies may also include the payment of attorney’s fees, expert fees, and court fees. With the ADA, you can receive compensation to compensate for the actual loss of money, future income, as well as mental suffering and inconvenience with the help of The Lee Legal Group lawyers. Labor and employment law provides for punitive damages to punish the mad employer. Compelling claims for damages are not possible against public authorities, but against private companies, if it is determined that the employer acted maliciously or recklessly indifferent.
Nobody should be discriminated against. Labor and employment laws protect you. If you have lost your job or have not been hired due to a mental or physical disability, you have individual rights that no one can take away from you. Everyone has a right to work, and everyone has the right to work without discrimination contact The Lee Legal Group for help and more information.