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.

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. 

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.

 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.  

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.