Disability discrimination occurs when an employer or co-worker treats another worker unfavorably because of their disability. If you believe you are being treated unfairly because of your disability, you have rights that protect you. However, filing a claim can seem daunting, especially if you aren’t sure how to prove your case. To guide you through the process, our Birmingham employment law attorneys explain how you can demonstrate that you are being discriminated against because of your disability.
Disability Discrimination Laws
Americans with Disabilities Act (ADA) protects American workers who work part-time or full-time for an employer with 15 or more employees. The ADA prohibits employers from treating disabled workers unfavorably solely because of their disability. A worker is considered “disabled” when they have a physical or mental condition that substantially limits a major life activity, whether it’s walking, hearing, seeing, or more.
Ways to Prove Disability Discrimination
The best way to prove disability discrimination is by taking detailed notes of every time you experienced discrimination in your place of work. You should take note of what happened during the incident, along with the time and place when the incident occurred. Also, take note of all the individuals who were present when you experienced discrimination. Having a paper trail, emails, and witnesses can significantly benefit your case.
Common forms of disability discrimination occur:
- When an employee is denied a reasonable accommodation that didn’t cause undue hardship
- When a promotion/raise is granted to another employee who was less experienced than you
- When inappropriate comments about your disability are made
- When unwarranted employment reviews are made
If you believe you are receiving treatments unlike any other employee without a disability, you may have a disability discrimination case. Get in touch with our team at Michel | King to learn more about your options.
If you believe you are experiencing disability discrimination in the workplace, contact our attorney today at (205) 265-1880 to schedule a consultation!