Were You Discriminated Against Because of a Disability? Here is What You Need to Know.

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Were You Discriminated Against Because of a Disability? Here is What You Need to Know.

employee talking to boss

There is nothing more degrading and downright unfair than being discriminated against for something you can’t control. This is true for race, color, religion, and disability. Fortunately, individuals with mental or physical disabilities are protected from discrimination in the workplace under the Americans with Disabilities Act of 1990. While this legal protection exists, unfortunately, it does not always translate to what actually happens. That being said, if you believe you are a victim of discrimination in the workplace, please continue reading and speak with our knowledgable Georgia employment rights attorney today to learn more about how our firm can help you. Here are some of the questions you may have:

What does the Americans With Disabilities Act do?

Essentially, Title I of the Americans With Disability Act states that employees with physical or mental disabilities are protected from discrimination in companies with at least 15 employees. This protection reaches employment agencies, local governments, and labor organizations. As long as you meet the following criteria, you should be protected under the law:

  • Your physical or mental impairment substantially limits at least one major part of your life
  • Your impairment is formally documented
  • You are regarded as having a physical or mental impairment

What is a reasonable accommodation?

Essentially, if you are protected under the ADA, you are entitled to what is known as “reasonable accommodation.” This means you can request certain reasonable accommodations be made so you can better do your job. Not only is giving someone a reasonable accommodation the right thing to do, but employers are legally obligated to do so under most circumstances. Some common examples of reasonable accommodations can include making a workplace wheelchair-accessible, helping someone apply for a job, providing a blind or hearing impaired individual with an interpreter, or allowing someone with a disability or illness to attend certain doctor’s appointments or treatments when necessary.

Can I file a charge if I have been discriminated against in the workplace?

In certain cases, yes, you can. However, you must ensure you file your charge with the Equal Employment Opportunity Commission within 180 days of the incident occurring, and if you are a federal employee, you must speak with an EEO counselor within 45 days of the accident occurring. Our firm is ready to help you attain the justice you deserve. All you have to do is give us a call.

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If you need help with an employment law matter in the state of Georgia, you can count on Ben Barrett Law to effectively represent your interests. With over 30 years of experience, Attorney Barrett has the skill and experience necessary to help you navigate the complexities of any employment law matter you may be facing. To discuss your case with a legal team you can trust, please do not hesitate to contact Ben Barrett Law today.

Our Philosophy

Our firm hand-selects challenging, complex cases that other attorneys won’t touch so we can deliver the highly-personalized attention your case deserves. From consultation to trial, we advocate for employees’ rights, every step of the way.

Our Principle

We base our practice on the principles of service and care. We take the time to truly know each and every client, and we put all of our energy into obtaining the best outcome possible, time and time again.

Our Definition Of Success

We will prosecute your case to the fullest extent possible. If you’ve been wronged by an employer in Georgia, you can count on Ben Barrett Law to fight for you.

Can I Be Fired While on Disability Leave?

Employees with disabilities are allowed certain legally protected rights in the workplace. It is against federal law for an employer to discriminate against an employee because of a disability, whether perceived or real. Some workers may require extended absences due...

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