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Abney Law – Louisville’s Trusted Age Discrimination Attorneys

Disability Discrimination Attorney Louisville KY

disability discrimination

In Kentucky, people are protected against discrimination and harassment based on a disability. The attorneys at Abney Law have represented numerous disabled people who have been mistreated by their employers.

Disability should never be an obstacle to employment, career advancement, or work dignity. However, too many Kentuckians living with chronic illnesses, mobility impairments, mental health conditions or invisible disabilities are denied fair treatment, reasonable accommodation or even job opportunities simply because of prejudice or ignorance. At Abney Law we strive to ensure the rights protected by the Americans with Disabilities Act and state law are not just words on paper, but real protections that can be relied upon.

  • Working with Mr. Abney and his staff was a pleasure. Mr Abney’s knowledge of employment law was outstanding and comforting. If I ever need legal again, he will definitely be my first call.

    Jana

Navigating AI in Employment Decisions: Legal Implications for Employers and Employees

What Qualifies as a “Disability” Under the Law?

The Kentucky Civil Rights Act and the Americans with Disabilities Act make it illegal for your employer to discriminate against you based on a disability or even if they simply perceive you as disabled. Under the Kentucky Civil Rights Act and the ADA, you have a disability if you have a physical or mental impairment that substantially limits a major life activity. You are also protected if you have a history of such a disability, or if an employer perceives you as having a disability, even if you don’t. 

Thanks to the ADA Amendments Act of 2008, the definition of “disability” has been broadened. Protected conditions now include:

  • Physical impairments, such as paralysis, multiple sclerosis, epilepsy, vision or hearing loss.
  • Mental health conditions, including depression, anxiety, PTSD, and bipolar disorder.
  • Chronic illnesses, such as diabetes, cancer, HIV/AIDS, and Crohn’s disease.
  • Neurodivergent conditions, including autism, ADHD, and learning disabilities.
  • Episodic or remitting conditions, such as migraines, lupus, and post-concussion syndrome.

Even temporary impairments, like a broken leg that requires months of recovery, can qualify if they significantly limit major life activities, such as walking, sleeping, or concentrating.

The Right to Reasonable Accommodation

Additionally, the ADA and Kentucky Civil Rights Act require employers to offer their disabled employees reasonable accommodations that will allow them to perform the essential functions of their jobs. A reasonable accommodation can include a job reassignment, modification to duties, a reserved parking spot, a flexible work schedule, and improvements to accessibility, such as ramps or wider doorways.

However, if you require an accommodation, you have the burden to inform the employer of your disability and ask for an accommodation. As long as a requested accommodation does not impose an “undue hardship” on the employer, the employer is obligated to provide that accommodation.

“Undue hardship” means significant difficulty or expense in relation to the size, resources, and structure of a business – not just an inconvenience. For instance, a small non-profit organization may not need to install an elevator, but they could offer remote working options or relocate a worker’s desk to the ground floor.

Disability Discrimination in Hiring and Employment

 Employers cannot discriminate against potential employees based on disability, either. Prospective employers may not ask disability-related questions or require a medical exam before an offer of employment. After you’ve been offered a job, but before you begin work, an employer can ask questions related to a disability and require a medical screening, but only if the employer does this for all employees.  Finally, after you’ve started work, an employer can only ask you questions about a disability or require a medical exam if it is directly related to the job and is a business necessity.  

Illegal hiring practices include:

  • Asking candidates if they have any conditions that may affect their work during an interview.
  • Withdrawing a job offer after finding out about a disability, even if the candidate can perform the job.
  • Requiring a medical examination only for certain candidates.
  • Assuming that someone with a disability will need more leave or be “unreliable”.

It’s important to remember that employers can ask about your ability to perform specific job functions, with or without accommodation, but they cannot ask about your medical history until after they have made a conditional offer.

Forms of Disability Discrimination and Harassment

Disability discrimination is not always obvious. It can take many forms, including:

  • Mocking an employee’s speech pattern, use of mobility aids, or presence of service animals
  • Excluding a worker from meetings or social events based on their disability
  • Denying promotions to qualified employees due to perceived limitations
  • Punishing an employee for taking approved FMLA (Family and Medical Leave Act) leave for a disability
  • Failing to keep medical information confidential, which is a separate ADA (Americans with Disabilities Act) violation

Harassment becomes illegal when it becomes frequent or severe enough to create a hostile work environment or lead to an adverse employment decision.

  • My first ever experence dealing with a law firm that felt like actual people. I am beyond happy with the services preformed and I would highly recommend them to everyone I know.

    Michelle

Legal Deadlines and Remedies

Under Kentucky law, you usually have 180 days to file a complaint with the Kentucky Human Rights Commission. Under the Americans with Disabilities Act (ADA), you have up to 300 days to file with the Equal Employment Opportunity Commission (EEOC) – but only if you also file with a state agency.

If your claim is successful, you may be eligible for:

  • Reinstatement or rehiring
  • Back pay and front pay
  • Compensation for emotional distress
  • Punitive damages (if intentional discrimination is proven)
  • Attorney’s fees and court costs

Injunctive relief, such as mandatory training or policy changes to prevent future discrimination.

Learn More About Religious Discrimination

Your Rights Are Worth Protecting

Having a disability does not diminish your worth, skills, or right to equal opportunities. Kentucky and federal law stand behind you, and we stand with you too.

If you have faced disability discrimination at work, contact the disability discrimination attorneys at Abney Law online or call (502) 498-8585 to schedule a free consultation.

Common Disability Discrimination FAQs

Who is protected under age discrimination laws?

Both the federal Age Discrimination in Employment Act (ADEA) and the Kentucky Civil Rights Act protect workers who are 40 years of age and older. These laws apply to all aspects of employment, including hiring, firing, promotion, layoffs, compensation, job assignments, and training. It is illegal to discriminate against anyone within this protected class in favor of someone younger, even if the younger individual is also over 40.

What are some less obvious signs of age discrimination at work?

Age discrimination can be subtle. Red flags include: being excluded from important projects or meetings in favor of younger colleagues; being passed over for promotions despite strong qualifications, with the role going to a less experienced younger employee; receiving negative feedback about being “overqualified,” “set in your ways,” or “not a cultural fit”; hearing coded language like “we need fresh energy” or “digital transformation”; being encouraged or pressured to retire; and being disproportionately targeted in layoffs, especially if your position is soon refilled by a younger worker.

Can I have a claim if I was laid off as part of a company-wide reduction in force (RIF)?

Yes. Even during a legitimate RIF, it is illegal to use age as a factor in deciding whom to terminate. A strong claim may exist if the RIF disproportionately affected employees over 40, if selection criteria were applied unevenly, if older workers were not offered opportunities for reassignment that were offered to younger employees, or if there is evidence that the RIF was a pretext to remove higher-salaried older workers. Statistical analysis and comparative evidence are often critical in these complex cases.

Is it legal for an employer to ask for my birth date or graduation year on a job application?

While not automatically illegal, such questions are a significant red flag and can be used as evidence of discriminatory intent. The EEOC warns that pre-employment inquiries about age may deter older applicants and indicate a possible intent to discriminate. If asked and you are not hired, it raises a question of whether the information was used to screen you out. Employers should only request age information for a legitimate, non-discriminatory reason (e.g., after hiring for benefits).

What does it mean that age discrimination claims are held to a “higher standard”?

In “disparate treatment” cases (intentional discrimination), the Supreme Court has ruled that under the federal ADEA, a plaintiff must prove that age was the “but-for” cause of the adverse employment action. This means you must show that, but for your age, the decision (e.g., termination, demotion) would not have occurred. This is a potentially stricter standard than for some other discrimination types, where proving age was a “motivating factor” may suffice. This underscores the need for strong, direct, or circumstantial evidence.

What kind of evidence is most powerful in an age discrimination case?

Compelling evidence includes: Direct evidence like age-related comments from decision-makers (e.g., jokes about retirement, remarks about “old school” methods); Comparative evidence showing younger, similarly situated employees were treated more favorably; Statistical data showing a pattern of adverse actions against older workers; Documentation of your own strong performance history prior to the adverse action; and proof of shifting or pretextual reasons given by the employer for its decision. Detailed personal notes and witness statements are invaluable.

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