Living with a disability can be challenging. Working for an employer who does not respect your disability can be downright impossible. Many disabled individuals have suffered at the hands of employers because of limitations associated with their disability.
If you feel that you have been discriminated against due to your disability, then you may be able to file a lawsuit seeking damages for any lost wages or emotional trauma that discrimination caused.
In order for you to be able to file a lawsuit against your employer for disability discrimination, you must be able to provide evidence that you have a recognized disability. These disabilities can range anywhere from physical handicaps to health conditions like diabetes or epilepsy.
Your employer needs to be aware of your disability, and you need to provide evidence that your disability was used as a deciding factor in any action taken by your employer to have a valid case. An attorney with experience in employment law will be able to help you evaluate your situation more fully before filing.
Another element that you will need to prove when filing a disability discrimination case against your employer is proof of adverse action.
Perhaps your employer passed you over for a promotion you are qualified for because of your disability. Some employers can limit the positions disabled individuals can hold due to a perceived inability to complete certain tasks.
If your employer's actions have prevented you from advancing in the company or caused you to be paid less than other candidates doing the same job, then you likely have a solid disability discrimination case.
Recent court rulings have made it possible for individuals with a disability to file a lawsuit without adverse action. Even though your employer may not have acted to discriminate against you, inaction could lead to trauma. A great example is an individual with Type I diabetes who requests an earlier lunchtime to help control blood glucose levels.
If an employer fails to accommodate reasonable requests and future trauma occurs, the employer could be held accountable. A diabetic employee may suffer a hypoglycemic event because he or she is unable to eat on time and pass out, sustaining physical harm.
Talk to your disability discrimination attorney if you sustained any trauma after an employer failed to accommodate reasonable special requests relating to the management of your disability to determine if you should file a disability discrimination case.