Disability Discrimination

Have you ever been treated differently at work because you have a disability? Let our Pennsylvania Disability Discrimination Collaborative Lawyers assist you with your case.

We review cases where disability discrimination is an issue, as most clients don’t know their rights or what to do.

What is Disability Discrimination?

Under the Americans with Disabilities Act disability discrimination occurs when an employer treats an individual differently because of a known or suspected disability by:

• Refusing reasonable accommodations to an employee that has a physical or mental disability, which would allow them to work comfortably and efficiently.
• Not allowing an employee with a disability to advance in the workplace such as an increase in pay, work benefits, promotions, additional assignments, training or any other workplace activities.
• Maintaining a workplace that is not disability-friendly, creating obstacles in which an employee with a disability could not function in.

What Would an Example of Disability Discrimination be?

Our Pennsylvania Disability Discrimination Lawyers can assist you in better understanding what disability discrimination is in the workplace.

If you’re in Pennsylvania with a Disability Discrimination issue we can help. An example of disability discrimination could be when a worker has been out due to a workplace injury and has a discussion with the human resources department and employer about coming back to work and seeking reasonable accommodations. The employer is not helpful, or after they’ve come back to work, some issues arise.

“So many times, I will get a call after the employee has been fired, and they say “Hey. I don’t know why they fired me. It seems like my performance went down; I had some discipline issues after I went back to work when we had a worker’s compensation issue. Suddenly, I’m finding myself being heavily scrutinized,” explains Attorney Jeremy Donham.

What Should I do if I’m Injured at Work?

1. Communicate with your supervisor and with your human relations or human resources departments to make sure they know what your needs are.
2. Apply for Workers Compensation.
3. Maintain written records of medical treatment and company actions
4. Ask for Family Medical Leave if available.

Are There Federal Laws That Protect a Disabled Person?

The Americans with Disabilities Act

This act makes it illegal for private employers, state and local governments, unions or employment agencies to discriminate against qualified individuals who are disabled from participating in promotions/job opportunities, increased training, pay increases, or any other aspect of employment including being fired. Our Pennsylvania disability discrimination lawyers know how to protect your rights.

For more information about the Americans with Disabilities Amendment Act of 2009 click here.

Is It Illegal for My Employer to Discriminate Against Me Because I Have a Disability?

The first part of the ADA definition of a person with a disability applies to individuals who have impairments that limit major life aspects such as:

• Seeing
• Hearing
• Speaking
• Walking
• Breathing
• Performing manual tasks
• Learning
• Caring for oneself
• Working

If an individual has one of the following, they may also be covered under the ADA:

• Epilepsy
• Paralysis
• HIV infection
• AIDS
• Substantial visual, hearing impairments
• Mental retardation
• Migraines

The following individuals may not be covered under the ADA unless something more serious has occurred: People who have minor sprains, broken limbs or people who have the flu.

Discrimination comes in many shapes and sizes. Take a car accident for instance or a fall at work on one’s property, this can not only cause physical injury and emotional distress, but it can have long lasting impacts on your ability to keep working, especially if your employer is trying to create a hostile work environment in your Pennsylvania employment and keep you from working. This violates not only the basic tenets of decency and dignity but also violates the Pennsylvania Human Relations Act and other federal laws.

Our Car Accident and Slip and fall Accident Retaliation Collaborative lawyers can bring a holistic approach to your injury and to the ways your employer is trying to prevent you from getting back to work and taking care of your family. After all, that is really what you want to do.

Jeremy Donham | Disability Discrimination Attorney

Employers have a responsibility to provide a safe working environment for their employees. This includes providing:

• Necessary safety equipment
• A properly maintained building
• Any needed tools that are adequate to safely do the job

When an employer breaches these duties and an employee is injured, the employer will often be responsible both for the employee’s medical expenses and any lost wages.

If you feel like you’ve been discriminated against at work because of a work injury that lead to a disability, seek help from our Pennsylvania Disability Discrimination Attorneys.

At Donham Law, we will fight for you! Call (717) 881-7855, or fill out our contact form.