Workplace discrimination is a grave matter that can majorly impact your career and life. When discrimination occurs based on a protected category such as disability, it’s not only unethical – it’s illegal. As an employee, you have many state and federally-protected rights.
If you believe you’ve experienced work-related disability discrimination, it’s essential to understand your rights and seek legal guidance. The attorneys at Armstrong & Associates serve the Houston, Texas area, representing workers unlawfully discriminated against at work based on a disability.
Definition of Work-Related Disability Discrimination
Work-related disability discrimination occurs when an employer treats an employee unfavorably due to their disability or perceived disability, resulting in adverse employment actions such as hiring, firing, promotions, or job assignments. The Americans with Disabilities Act (ADA) and other related laws protect individuals with disabilities from discriminatory practices.
The ADA defines disability as “a physical or mental impairment that substantially limits one or more major life activities.” This definition encompasses many conditions, but it may include physical disabilities, sensory impairments, mental health disorders, learning disabilities, and chronic illnesses.
It’s important to note that the ADA also protects individuals who are considered as having a disability, even if they don’t have a qualifying impairment. For instance, if an employer mistreats an employee based on a mistaken perception that they have a disability, it still constitutes disability discrimination under the law.
How to Know When You Have a Discrimination Case at Work
It might be hard to tell the distinction between legal and illegal discrimination in the workplace. For example, a work assignment or promotion based on office politics or a difference in opinion between you and your boss may not be due to illegal discrimination.
However, any action based on a protected class, like disability, gender, race, religion, and so on, is probably illegal.
The ADA protects against disability discrimination, but it’s essential to assess your situation carefully to determine if you have a viable claim. Here are some factors to consider:
- Adverse treatment based on disability: If you have a disability and have been treated unfairly or differently than other employees in similar circumstances, it could indicate disability discrimination. This may include being denied reasonable accommodations, facing harassment or hostile treatment, or being subjected to adverse actions due to disability.
- Employer knowledge of disability: If your employer is aware of your disability, it strengthens your case. You may have disclosed your disability during the hiring process, informed your employer of your need for accommodations, or provided medical documentation.
- Disparate impact on individuals with disabilities: Disability discrimination can also occur when a seemingly neutral policy or practice disproportionately affects individuals with disabilities. If you can demonstrate that such policies have a discriminatory impact, it could strengthen your case.
- Retaliation for asserting rights: If you faced adverse actions or retaliation after reporting concerns under the ADA or filing a complaint about disability discrimination, it could indicate a discriminatory motive.
Reporting Your Claim
The first step is to report your discrimination claim. First, contact your employer’s human resources department or another designated authority within the company. Documenting the incident, including dates, times, and witnesses, can strengthen your case.
If your employer does not address the issue appropriately, it’s time to consult with a disability discrimination lawyer to better understand your legal options. Keep in mind there are time restraints for filing a discrimination complaint, so it’s essential to take action immediately.
Understanding the Disability Discrimination Case Process
The legal process surrounding discrimination claims can be complex and overwhelming. Therefore, gaining insight into the components of the process can better prepare you for what each stage will entail.
Typically, the process starts with filing a complaint with the Equal Employment Opportunity Commission (EEOC), known as a “Charge of Discrimination.” The EEOC will perform an investigation into your grievance and may attempt to facilitate a settlement between you and your employer. If mediation is unsuccessful, you may have the option to file a lawsuit.
When Does the Lawsuit Begin?
The decision to proceed with a lawsuit depends on various factors, including the employer’s response, the outcome of the EEOC investigation, and your attorney’s advice.
Should the EEOC grant a “right-to-sue” letter, your legal counsel will assist you in navigating the subsequent procedures, which includes lodging the lawsuit within the specified time limit.
Proving Your Case
Proving a disability discrimination case can be challenging as it requires providing evidence of the employer’s discrimination and disproving the employer’s explanations for their actions. The process involves gathering evidence to support the employee’s claims, such as documentation, witness testimonies, and all relevant records.
Your disability discrimination lawyer will help analyze the evidence, conduct witness interrogations, and construct a robust case to support the claims.
How Long Does a Disability Discrimination Case Take?
The timeframe for a disability discrimination case can range from several weeks to over two years. Often, cases settle before trial, saving everyone time and resources. But complex cases that cannot be resolved through negotiation or settlement discussions may take several years.
The Role and Advantages of a Disability Discrimination Lawyer
Having a disability discrimination lawyer on your side offers many advantages throughout each stage of the process.
They provide expertise in employment law, meaning they have specialized knowledge of workplace discrimination laws and regulations. An experienced lawyer specializing in disability discrimination knows what is (and what is not) discrimination and will be able to make the differentiation in court.
A disability discrimination lawyer will also evaluate the strength of your case and help develop a tailored legal strategy. They will also help gather evidence, interview witnesses, and construct a compelling case. Finally, your attorney will represent your interests in court and negotiations.
Start Your Disability Discrimination Case Today With Armstrong & Associates
Don’t face disability discrimination alone. As your Houston disability discrimination lawyer, Armstrong & Associates has stood by employees in the Houston area for over 30 years. We’ll help you understand your options and represent you fiercely, whether in negotiations or in court.
You’ll find us compassionate, attentive, and ready to take on even the largest companies. Choose Armstrong & Associates, and let us fight for your rights. Start your journey toward justice with us. Contact us today!
