When to Get an Employment Discrimination Lawyer for Disability Discrimination

Discrimination in employment is illegal pursuant to The Americans with Disabilities Employment Act, Title VII of the Civil Rights Act of 1964, and additional federal and state laws. A disabled worker is in a protected class, and generally any discrimination based on the disability is illegal. Employment discrimination of a disabled person may warrant hiring employment discrimination lawyers.

Who Has Protected Status

Protected status in employment affects people because of race or color, national origin, gender, age, religion, disability, religion, pregnancy, and, in some states, sexual orientation.

What Constitutes Employment Discrimination

Employment discrimination of disabled workers occurs when they are treated unfairly because of their disability. Discrimination can manifest itself by employers singling out the employee for unfair treatment, such as in hiring, firing, promotions, advancement-related tasks, pay, forced retirement, job advertisements, recruitment, benefits, privileges, and forcing the disabled person to sign a waiver from bringing a legal action.

These instances represent some common types of employment discrimination. Other types of employment discrimination include harassment, which may create a hostile work environment; preferential treatment and excluding the disabled workers from advanced training; discrimination in advertising the position; and retaliation.

The Next Step for the Disabled Worker

If a disabled worker is treated unfairly or in any of the above-listed ways, he must first file a complaint with the Equal Employment Opportunity Commission (EEOC) before it can be filed in Federal Court. The EEOC investigates claims of workplace discrimination. 

Depending on the claim, some claims should be filed with the state's agency, which is similar to the EEOC. These state agencies, like the EEOC, have deadlines for filing claims against employers.

When to Hire Employment Discrimination Lawyers

Filing with either the EEOC or the state is difficult because there are different requirements and deadlines. The procedure could be daunting for a non-lawyer. If deadlines are missed or the wrong procedure is used, there may be no chance to file the claim again. Accordingly, as soon as there is a possible claim, a disabled worker should consult his attorney and discuss what needs to be done.

Employment discrimination lawyers can also help the disabled client pursue any additional remedies while waiting for the claim to come before the EEOC or state agency. An employment discrimination lawyer will also advise the disabled worker not to sign any document until the lawyer has seen it.

Consult an Attorney

If you are an employer and are being threatened with a discrimination suit, you should seek legal counsel. Likewise, if you are disabled, it is important for you to get an employment discrimination lawyer to properly prosecute your claim. Not all employers are required to protect disabled workers—some smaller companies may not be subject to this law. Consult an attorney since only an attorney can provide you with legal advice.