Practice Areas Discrimination in the Workplace Disability

Charlotte Disability Discrimination Attorney 

Workers in the United States are meant to have equal access to employment opportunities, and employers are expected to comply with this mandate. However, how does this apply to disabled workers who may be limited in their ability to perform certain jobs and tasks? The answer is clarified through a broad variety of state and federal laws in place to protect the rights of disabled workers. The best way to determine if you have a case is to consult with a local Charlotte disability discrimination attorney from The Fuller Law Firm, P.C. 

We’ll take the time to review the unique facts and circumstances of your situation, then advise you on the best path forward. When we take a discrimination case, we provide each client with the individualized attention they deserve to achieve the best outcome possible. 

It is important to understand that for an employee or prospective employee to successfully file a disability discrimination claim, the worker must have been qualified for the position or task and have been unduly denied the opportunity despite the fact that a reasonable accommodation could have been made without undue hardship on behalf of the employer. This sounds complicated because it is. 

Equal Opportunity for Certain Persons is Protected by Federal Statute 

Your right to pursue gainful employment in the United States is considered by many to be the very foundation of the American dream, and the federal government protects this right. The United States Equal Employment Opportunity Commission (EEOC) enforces the bundle of federal laws that makes it illegal to discriminate against employees or job applicants based upon their membership in certain protected classes or possession of certain protected characteristics. One of these protected classes of persons is individuals with disabilities. 

If you believe that you have encountered discrimination at your workplace or a workplace where you have applied for a job based on your disability, you may have the right to file a claim for compensation and related damages. Doing so requires the navigation of a generally complex and time-consuming claims process that may result in a fair out-of-court settlement or may lead to the necessity of taking your employer or prospective employer to court. A Charlotte disability discrimination attorney at The Fuller Law Firm will be key to the success of your claim.

What is Disability Discrimination? 

The North Carolina Office of State Human Resources (NCOSHR) defines disability discrimination as occurring when: 

• An employer or other entity covered by – 
• The Americans with Disabilities Act (ADA) as amended, or
• The Rehabilitation Act, as amended – 
• Treats an individual who is an employee or a job applicant unfavorably because of a disability

What exactly does “unfavorable” mean? When does unfavorable treatment entitle a worker to compensation for any damages the unfavorable treatment might have caused? The answer to these questions is often determined by a consideration of how federal and state law, as well as the outcome of other similar cases, applies to the unique facts of the situation that you are encountering. A Charlotte disability discrimination lawyer at The Fuller Law Firm, P.C., can explain your options to you. 

Most Employers Are Covered Under the EEOC Regulations 

Only employers that qualify as a “covered entity” under EEOC guidelines are bound by the anti-discriminatory laws in place in the United States. One of the first questions you might wonder concerning your right to bring a claim against an employer or potential employer is whether or not they are a “covered entity.” 

“Covered entities” include: 

• Most employers with 15 or more employees (exception being age discrimination cases)
• Labor unions 
• Employment agencies 

The equal employment opportunity laws apply to all varieties of work situations, including: 

• Hiring 
• Firing 
• Promotions 
• Harassment 
• Wages 
• Benefits 
• Training 

All employees are meant to have the same opportunities to work, to be properly trained, and to advance and be promoted, if available. When you are denied the benefit and value of work opportunities, the purpose of bringing a discrimination claim is to collect compensation for the difference in what you could have earned had you been afforded the opportunity. 

The Americans with Disabilities Act Protects Disabled Persons in Certain Situations 

According to the ADA, “Disability rights are civil rights.” This is not to say that all employers must make all accommodations necessary to enable disabled persons to work. Beyond being a “covered entity,” it is also necessary to consider whether or not a “reasonable accommodation” would make a certain job position or role available to a person with a disability. 

The EEOC participates in enforcing the laws against disability discrimination. Employees are entitled to request reasonable accommodations for their disabling conditions. A reasonable accommodation is defined as “a modification or adjustment to a job, an employment practice, or the work environment that makes it possible for a qualified individual with a disability to enjoy equal employment opportunities.” 

An employer is afforded the ability to oppose a request for reasonable accommodation by citing “undue hardship.” Undue hardship is defined as an action that demands significant expense or difficulty in light of a variety of factors such as the employer’s size, financial resources, as well as the structure and nature of the operation. Questions regarding the reasonableness of a request for accommodation are best addressed by a Charlotte disability discrimination attorney at The Fuller Law Firm.

Connect with a Charlotte Disability Discrimination Attorney at The Fuller Law Firm, P.C. 

If you have been the victim of workplace discrimination based on your disability, you may have a claim to recover compensation for the lost value and opportunity that resulted from the discrimination. Determining whether you have a case requires a careful assessment of the unique facts and circumstances of your situation and whether or not wrongful discrimination was the cause of the employment decision. A Charlotte disability discrimination attorney from our firm will gather evidence on your behalf to prove discriminatory behavior and to accurately measure your damages, building the best case possible. 

To learn how we can help with your disability discrimination case, give us a call at (704) 659-5600, or visit our site to schedule a consultation.