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Contact Us Now For A Free Initial Consultation
Have you suffered discrimination because of your disability? If so, you may be entitled to financial remedies or other types of relief. The employment law attorneys of Fagan McManus, P.C., are proud to represent people in Wyandotte who have been illegally discriminated against. Our lawyers have won cases against Fortune 500 companies, so we know what’s in store when you face a powerful corporation or business — and we aren’t afraid to stand up to them on your behalf.
If you’re a Wyandotte resident who has suffered disability discrimination at work, don’t wait another moment to assert your rights under the law. Call our office today for a free initial consultation with our disability discrimination lawyers, and let’s discuss your options together.
Disability discrimination is the unfair treatment of people based on their disabilities. The Americans with Disabilities Act (ADA) is a federal civil rights law aimed at protecting people with disabilities from discrimination in their everyday activities and ensuring they have equal opportunities in all areas of their lives, including work, education, and access to public services.
The ADA protects people with disabilities. Under their definition, that includes people who:
Invisible disabilities, such as learning disabilities or chronic health conditions, are covered, as are visible disabilities, such as those requiring a wheelchair.
Major life activities include sleeping, eating, speaking, breathing, walking, lifting, standing, bending, thinking, concentrating, hearing, seeing, working, reading, learning, communicating, and the operation of major bodily functions like reproduction, circulation, and individual organs.
If you have disabilities and have been discriminated against, you should talk with a lawyer from a reputable Wyandotte employment law firm right away. The deadline for filing a discrimination case could be short.
ADA violations happen all the time, and they may not be obvious. The following are some of the most common ADA violations:
Michigan employers must follow the ADA’s requirements for employing people with disabilities. Those requirements include:
Employers with 15 or more employees are not allowed to discriminate against qualified people with disabilities in any employment practice, including hiring, firing, promotions, pay, training, leave, layoff, any employment-related activities, and benefits.
Employers are required to provide reasonable accommodation that permits a qualified person with a disability to apply for a job, perform the essential functions of a job, or have access to the benefits and privileges of employment that employees without disabilities have. Reasonable accommodation may include:
Employers are not required to provide reasonable accommodation if doing so would create an undue hardship for them. Undue hardship means the accommodation would be too expensive, extensive, disruptive, or substantial, or would fundamentally alter the operation or nature of the business.
Employers must maintain the confidentiality of an employee’s medical information related to their disabilities. Only authorized personnel should be able to access this information. They must also have proper disposal procedures in place, as well as secure storage protocols, such as encryption, data backup, and regular audits.
An employer’s workplace must be accessible to people with disabilities. No physical barriers to the workplace should exist. Employers should guarantee that all employees can move throughout the office. They may include ramps, elevators, and adjustable workstations in the workplace, and they should evaluate door widths, signage, and restroom facilities to be sure they meet accessibility standards.
A lawyer who practices employment law can advise you whether your employer has failed to comply with ADA mandates and whether you might have a case against them for discrimination.
If you believe you’ve been discriminated against because of a disability, you can file a complaint with the Michigan Department of Civil Rights (MDCR). A complaint must be filed with the MDCR within 180 days of the discriminatory act. Upon receipt of your complaint, the Department will investigate. If they find that discrimination occurs, they can order remedies. It’s best to have an attorney file your claim for you so that your claim includes all the correct information the Department will need to reach its conclusion.
You may also be entitled to file a claim with the Equal Employment Opportunity Commission (EEOC). To begin that process, you must file a formal Charge of Discrimination with the EEOC. Because the MCDR has a work-sharing agreement with the EEOC, a complaint filed with one organization will be shared with the other. Because of the work-sharing agreement, instead of having 180 days to file your claim, you have 300 calendar days from the date of the discriminatory act to file with the EEOC. If you miss the deadline, you won’t be able to pursue your claim.
You shouldn’t try to file a disability discrimination claim on your own. A lawyer from an employment law firm already knows the law relating to disabilities and understands the requirements for filing a successful claim. When you hire a lawyer, you won’t have to research the law and procedures for claim filings yourself.
Additionally, when you hire an experienced disability discrimination lawyer, they can ensure you don’t miss any deadlines or make any procedural errors throughout the course of your claim. Their experience also allows them to gather evidence from your employer that would be difficult for you to obtain. They will also know the full extent of the damages and remedies you could pursue, information you may not know.
The damages and remedies an employment law firm attorney could pursue on your behalf in a disability discrimination claim include compensatory damages, injunctive and affirmative relief, and punitive damages.
Compensatory damages may cover your out-of-pocket expenses caused by the discrimination, like back pay, front pay, attorney’s fees and costs, job search costs, or medical expenses, and they can compensate you for emotional harm you suffered. Punitive damages may be awarded if the employer’s actions were particularly malicious or if they engaged in a reckless act of discrimination.
Injunctive relief can include orders from the court for the employer to widen doorways, install a wheelchair ramp, or make other physical modifications. Affirmative relief can include getting you reinstated in your job.
If you’ve been the victim of disability discrimination at work in Wyandotte, the attorneys of Fagan McManus, P.C., want to hear from you. We’ll meet with you during a free consultation, ask about the discriminatory acts you endured, and outline your potential options. Call our law firm today to speak with one of our lawyers about getting the relief you deserve.
