The Americans with Disabilities Act (ADA) provides crucial protections for employees, ensuring they are treated fairly and with dignity in the workplace. If you believe your employer has treated you unjustly due to a physical or mental impairment, you may have a valid legal claim.
Navigating employment law can feel overwhelming, especially when you are already dealing with a difficult work environment. Fortunately, you do not have to figure it all out on your own. The highly skilled employment attorneys at Weisberg Cummings, P.C. are dedicated to listening to your story, understanding your situation and helping you determine if you might have a case.
See If You Have a Valid ADA Claim
Examples of Disability Discrimination in the Workplace
Disability discrimination in the workplace occurs when a covered employer treats a qualified individual unfairly because of a disability. Understanding what these violations look like can help you identify if your rights have been compromised. Common employment claims related to the ADA include:
- Failure to accommodate: Employers are required to provide reasonable accommodations, such as schedule changes or modified equipment, unless it causes undue hardship to the business. Denying a valid request may be a violation.
- Disparate treatment: Being passed over for promotions, receiving unequal pay or being assigned menial tasks simply because of a disability.
- Retaliation: Facing adverse actions, like demotion or wrongful termination, after requesting an accommodation or complaining about discrimination.
- Hostile work environment: Enduring severe or pervasive harassment, such as offensive jokes or comments regarding a disability, that creates an intimidating workplace.
What to Do if You Face Disability Discrimination at Work
If you suspect you’re facing discrimination, taking proactive steps is vital to protecting your rights. First, follow your company’s internal grievance procedures by reporting the behavior to Human Resources in writing.
Remember to keep detailed records of everything. Save emails, take notes on conversations (including dates, times and witnesses) and keep copies of your performance reviews and accommodation requests. Under federal legal standards for discrimination cases, the burden of proof rests on the employee. You must be able to show, by a preponderance of the evidence, that discrimination occurred. Thorough documentation is the foundation of building a strong case.
How We Help Fight for Your Rights
Proving an ADA violation requires navigating complex legal frameworks and gathering compelling evidence. Speaking with an employment lawyer can provide the clarity you need. At Weisberg Cummings, we treat our clients with the respect and humanity they deserve. We don’t want the process to be intimidating for you — when you contact us, we respond promptly and take time to listen to your situation without rushing you.
Many clients come to us feeling dismissed by others. We provide validation by thoroughly investigating your circumstances to find merit in claims that others might overlook. We act as your steadfast advocates, working to prove your case and hold employers accountable for their actions.
Potential Compensatory Damages for ADA Claims
If you successfully prove intentional discrimination under the ADA, federal law allows you to seek various forms of relief. The value of your ADA violation case depends on the specific details of your situation, but you might be entitled to:
- Back pay and front pay: Compensation for lost wages due to termination or demotion.
- Compensatory damages: Relief for out-of-pocket expenses and emotional distress caused by the discrimination.
- Punitive damages: In cases of egregious or reckless violations, damages may be recovered to punish the employer.
For our clients, securing these damages is often about more than the financial compensation — it’s about achieving life-changing results, regaining hope and finding the closure needed to move forward.
Partner With an Employment Attorney at Weisberg Cummings
If you believe your rights under the ADA have been violated, we are here to help you seek justice. Contact the compassionate attorneys at Weisberg Cummings today to discuss your situation. Call us directly at (717)238-5707 to schedule your free consultation or fill out our online form.
