Facing challenges at work due to a disability can be a daunting experience. However, federal and state laws provide robust protections to ensure that employees with disabilities are treated fairly and are not wrongfully terminated. Understanding your rights and the legal framework can empower you to navigate workplace issues confidently.
The employment lawyers at Abney Law represent employees who have faced discrimination due to their disability. Let us review your case and determine the best strategy to help you.
Protections Under the Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a federal law that prohibits employers from discriminating against qualified individuals with disabilities. This means that if you can perform the essential functions of your job, with or without reasonable accommodations, your employer cannot fire you solely because of your disability.
Under the ADA, employers are required to provide reasonable accommodations to help employees with disabilities perform their job duties. These accommodations might include:
- Adjusting work schedules
- Modifying equipment or workspaces
- Providing assistive technology
- Allowing remote work when feasible
However, employers are not obligated to provide accommodations that would cause undue hardship to their business. Undue hardship refers to significant difficulty or expense relative to the size and resources of the company.
What Constitutes Disability Discrimination in Kentucky?
Disability discrimination occurs when an employer treats an employee unfavorably due to their disability. This can include:
- Termination based on stereotypes or assumptions about the employee’s abilities
- Denial of reasonable accommodations
- Harassment or creating a hostile work environment
- Unequal treatment in promotions, pay, or job assignments
If you believe you were discriminated against, it is important to document the incidents and seek legal advice.
Can You Be Fired While on Disability Leave?
Being on disability leave does not provide absolute job protection. Employers can terminate employees on disability leave if the reason for termination is unrelated to the disability. For example, if the company is undergoing layoffs or if the employee violates workplace policies, termination may be lawful.
However, firing an employee because of their disability or because they requested accommodations is illegal under the ADA. Additionally, the Family and Medical Leave Act (FMLA) provides job protection for eligible employees who take up to 12 weeks of unpaid leave for medical reasons. Employers cannot terminate employees for taking FMLA leave, but this protection ends once the leave period is exhausted.
Steps to Take If You Are Facing Discrimination
If you suspect that your employer is discriminating against you due to your disability, consider the following steps:
- Document Everything: Keep detailed records of incidents, including dates, times, and descriptions of discriminatory behavior. Save emails, memos, and other communications that may serve as evidence.
- Report the Issue: Notify your HR department or supervisor about the discrimination. Many companies have internal procedures for addressing such complaints.
- File a Complaint with the EEOC: If the issue is not resolved internally, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims of workplace discrimination and can take legal action on your behalf.
- Consult an Attorney: An experienced Kentucky employment attorney can help you understand your rights and guide you through the process of filing a claim or lawsuit.
Contact a Kentucky Disability Discrimination Lawyer for Help Protecting Your Employment Rights
Losing your job because of a disability is not only unfair, it is illegal. Federal laws like the ADA and FMLA, along with Kentucky-specific protections, ensure that employees with disabilities are treated equitably and have access to reasonable accommodations.
Let the dedicated disability discrimination attorneys at Abney Law review your case. Contact us today for a consultation.