Legal Specs

Disability Discrimination in the Workplace and Legal Guidance

22 Sep 2008

The opportunity to find, gain and hold employment without discrimination due to disability, color, nationality, race, religion, marital status, sexual preference, gender, or age is one of our recognized civil rights in America. These rights have been enshrined under our fundamental law and have bearings especially in matters of employment, and equally apply to any human endeavor in our society.

From the list of possible discriminatory factors, disability discrimination appears to be one on the top, where violations are vast and disturbing. This impartial treatment among the disabled sector usually happens in workplaces, whether in matters of hiring, promotion, or firing of employees.

It is apparent in our jurisdiction that numerous laws, state and federal, has been implemented to address these concerns, but the hard thing is, disability discrimination, or workplace discrimination in general is still prevalent.

As a concerned American, I extend my sympathy to the disabled sector, particularly in their situations in the employment world. The way I see things, we really failed to remove some of the barriers that prevent people with disabilities from achieving self-sufficiency and participating more fully in our society. This were but, a hard reality that we shall deal with, more closely.

Having this system and scenario, the disabled sector has no other recourse but to dance with the system and be in defensive stance in reference to their employment rights. This I say, that the disabled minority should learn their rights, statewide or federal, in employment. This is all necessary for them, especially given the scenario and their situations.

For this campaign, it would be worthwhile to dwell on the topic of disability discrimination in the workplace, a sort of legal guide, in the guise of this article.

Disability Discrimination Legal guidance

First, it would be best to know what relates to the term disability discrimination, especially in matters of its definition, coverage, as well as the primary law (ADA of 1990) sanctioning it.

Disability Discrimination

There are varying definitions that relate with the term disability discrimination. Generally, the term is defined as the unlawful and intentional act of unfair treatment of a person with disability.

For an accurate account of the term, let us dig an important law that sanctioned disability discrimination, which is, the American with Disabilities Act (ADA). For purposes of ADA, a person has a disability if he or she has a physical or mental impairment that substantially limits major life activities. Disability, as defined in ADA, does not cover people with temporary disabilities, minor illnesses or active drug users or alcoholics.

ADA prohibits discrimination against people with disabilities in employment and public services, public and private transportation, public accommodations and telecommunication services.

Elements for action against disability discrimination under ADA
To mold a proper case for disability discrimination, the proof and exhibition of the following basic elements are necessary:

• An employee must be disabled, regarded as disabled, or have a record of being disabled

• Showing that the disability results in physical limitations

• Showing that performance of the essential functions of the job can still be carried out (with or without reasonable accommodations)

• That the employer took some adverse action (such as not hiring, firing, or demoting the employee) based on that disability

Defensive move

People with disability should take the defensive stance in dealing with their predicaments. One of the best moves to do this is to contact a Disability Discrimination Attorney when discriminatory actuations are readily apparent. The attorney will help you determine if the discrimination you are suffering is illegal, help you determine your legal options, and help you assert your legal rights under the law.

Our expert Los Angeles attorneys are knowledgeable with employment discrimination issues and can help you deal with it. You can visit our website to avail of our free case analysis.