Atlanta Disability Discrimination Attorney
People with disabilities are far more likely to suffer from unfair treatment in the workplace, poverty, homelessness, and even early death. The Equal Employment Opportunity Commission (EEOC) and the Americans with Disability Act (ADA) seek to protect employees and applicants from discriminatory treatment in the workplace. As a victim of disability discrimination, you have the opportunity to file a workplace discrimination or harassment claim against your employer, seeking damages for emotional distress, job loss, loss of benefits, and more. Atlanta disability discrimination attorney Christine Forsythe at The Forsythe Law Firm, LLC is here for you if you have been discriminated against. Conversely, she also represents employers who have been unfairly accused of disability discrimination.
Discrimination Based on Disability
It is unlawful for an employer to make a negative employment decision based on an employee’s real or perceived disability. A few common examples of disability discrimination include the following:
- Refusal to hire
- Job termination
- Denial of promotion or employment advancement
- Giving the employee undesirable duties
- Denial of raise, wages, paid time off, or benefits provided to other employees for the same work
- Transferring or moving the employee to a different location or job
- Harassment, including teasing, threats, slurs, inappropriate jokes, etc.
- The creation of a hostile work environment
- Retaliation for filing a discrimination claim
- Refusal to make a reasonable accommodation
Denial of Reasonable Accommodation Request
Employers are obligated to make reasonable accommodations or “productivity enhancements”
for disabled employees, such as providing more frequent breaks, altering the employee’s work schedule, widening doorways for wheelchair access, or purchasing software for sight-impaired employees. Reasonable accommodations should be within the employer’s budget, and enable the employee to enjoy equal benefits and privileges of employment. All employers must adhere to the Americans with Disabilities Act, including providing reasonable accommodations.
What Disabilities are Covered?
While not all medical conditions constitute a disability protected under the EEOC, conditions such as autism, intellectual disabilities, deafness, blindness, cerebral palsy, epilepsy, diabetes, pregnancy-related disabilities, muscular dystrophy, depression, reliance on a wheelchair, disfigurement, and obsessive compulsive disorder are covered. Many other conditions are covered under the Americans with Disabilities Act Amendments Act of 2008.
What if the Employee Never Informed their Employer About the Disability Before Being Hired?
If an employee’s disability does not impact their ability to perform their job, they are not obligated in any way to inform their employer about their disability. Due to fear of being treated unfairly because of their physical, mental, or emotional disability, keeping their disability a secret in the workplace is a choice that many employees make. As such, it should be noted that if your employer finds out about a disability that an employee has not divulged, and takes a negative employment decision based on the discovery of the disability, the employee can file a workplace discrimination claim against the employee.
Call an Atlanta Disability Discrimination Attorney Today
Discrimination based on an employee’s real or perceived disability should have no place in the office, jobsite, or business in which the employee works. Discrimination and allegations of discrimination should be taken very seriously. Christine Forsythe at the Forsythe Law Firm, LLC handles all types of workplace discrimination claims, for employees and employers. She has tried numerous cases at the federal level and is confident in her ability to win in trial which is what you need in your attorney. Call 404.476.2717 today to schedule a consultation with Atlanta disability discrimination attorney Christine Forsythe.