The Americans with Disabilities Act of 1990 prohibits employment discrimination against a qualified individual with a disability. Disability discrimination – sometimes known as “ableism” – can occur if an employer treats and employee with a disability in an unfavorable manner in response to his or her disability. The following actions may qualify as disability discrimination from an employer against an employee:
- Treating a qualified employee with a disability unfavorably because of his or her disability
- Treating a qualified employee less favorably because of a history of disability, such as cancer or physical or mental impairments
- Using disability as a criteria in decisions about firing, hiring, wages, job assignments, promotions, layoffs, training, benefits, and other terms and conditions of employment
- Failing to provide reasonable accommodation to a disabled employee or job applicant, unless providing this accommodation would cause “undue hardship” for the employer
- Discriminating against an employee because of his or her relationship with a disabled person
- Harassment against a person because of his or her disability
- Asking prohibited interview questions or requiring particular medical exams as terms for employment
If you have faced discrimination in the workplace because of a disability, you may be able to fight back against your employer or the person responsible for the unlawful actions. Our Austin workplace discrimination attorneys can help you take action to protect your rights.
If you have been a victim of discrimination in the workplace, the legal team at The Melton Law Firm can help. Our experienced Austin disability discrimination lawyers can evaluate your situation and determine if you have the grounds for legal action. To learn more about your legal rights and responsibilities, contact our offices today by calling 512-330-0017.