Having a disability, or caring for a spouse or child with a disability, comes with difficulties that outsiders can hardly fathom. Daily life is almost always made more challenging for those with disabilities. If you have an employer who lacks empathy and understanding on top of it all, it can make earning a living impossible, which only adds to the hurdles that you already have to get over. Fortunately, under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees with mental or physical disabilities, or employees who have a relationship with someone who has a disability. If your employer has violated the law by discriminating against you, you can hold them accountable by filing an employment lawsuit. Our Dayton disability discrimination attorneys at Coffman Legal can help you recover the financial damages that have been forced upon you.

Defining a Disability Under the ADA

The Americans with Disabilities Act (ADA) defines a disabled person as someone who:

  1. “Has a physical or mental impairment that substantially limits one or more major life activities;”
  2. “Has a history or record of such an impairment;” or
  3. “Is perceived by others as having such an impairment.”
As such, there is not an exhaustive list of impairments or disabilities that the ADA uses to define those with disabilities. Instead, qualifying as “disabled” requires proving that an impairment substantially limits one’s major life activities.

Prohibited Acts By an Employer

Employers with 15 or more employees are prohibited from using an employee’s disability as a reason for making any of the following employment decisions:

  • Refusing to hire;
  • Termination;
  • Failing to promote the employee;
  • Demoting the employee;
  • Taking away or restricting benefits such as health insurance, paid time off, or bonuses;
  • Paying the employee less;
  • Deducting wages for any reason;
  • Harassing the employee by teasing them, mockery, making their job more difficult, excluding them, or verbally abusing them.

Reasonable Accommodations

In addition to negative employment decisions being made by employers based on an employee’s real or perceived disability, disabled employees and employees who have a relationship with a disabled person are entitled to “reasonable accommodations.” Employers who fail to provide reasonable accommodations, such as constructing a wheelchair ramp or allowing more frequent rest breaks can be held accountable by being sued. We can help ensure that your employer makes the accommodation, and that you are fairly compensated for any loss in wages or other damages that you have accrued because of your employer’s refusal to make the reasonable accommodation.

Call a Dayton Disability Discrimination Attorney

According to Vox, there has been a 56 percent decrease in the number of disabled workers being paid the minimum wage, just in the last five years. Many states allow employers to pay disabled people less, while other employers simply break the law. Regardless, employment is becoming more and more of a challenge for disabled workers since 2016. If you believe that your employer has discriminated against you, call the Coffman Legal, LLC today at 614-949-1181 to schedule a free consultation.

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