The country passed the Americans with Disabilities Act (ADA) in 1990. Since then, workers with disabilities have enjoyed protections from workplace discrimination, both on the federal level and through similar state regulations. Nevertheless, abuse still occurs. At times, an employer may do so unknowingly. In other instances, they may decide to just ignore the law.
Regardless of why the discrimination occurs, disabled workers should contact labor law services as soon as possible. Your employer will certainly have representation. They understand the complexity of employment law.
Read on about some ways employers can make your discrimination claim seem impossible to win, perhaps causing you to settle for less than you should.
They Deny Your Disability
Proving discrimination usually requires you to first establish your disability. Otherwise, your claim is moot.
Employers are known to make this phase difficult. Their attorney will want exact records on the extent of your disability. You will be surprised, and probably overwhelmed, by the number of document requests. Without your own attorney, you may succumb to the pressure and capitulate.
A lawyer may have had a remedy. You can often file a discrimination claim based on your employer having previously demonstrated they believed you to be disabled. This fact could be much easier to prove, expediting the process.
They Say That The Discrimination Law Is Inapplicable
ADA and various state legislation's do not apply to all businesses. Usually, your employer must have a certain total number of employees.
Now, you will probably not know how to request employment records. Nor will you be prepared to argue that workers listed as freelancers are really better considered regular employees. Your employment law attorney will be better prepared to do these necessary things.
They Say You Are Unqualified
Most disability discrimination regulations require you to establish your qualifications for the position in question. Your employer may well attempt to portray you as less than competent. You will then most certainly be very emotional and perhaps unable to demonstrate your cause to the best of your ability.
Objective, yet compassionate, labor lawyers should argue your case instead.
Get Help Today
If you have been discriminated against based on a disability, speak with an experienced employment law attorney today. Waiting will only make things easier on those who have harmed you. Furthermore, as you now know, these cases are far more sophisticated than they seem initially.
Get help to receive the justice you deserve for having suffered workplace discrimination.
Contact a professional such as John H. Haskin & Associates, LLC.