Understanding Disability Discriminations: Advocating for Veterans
This blog discusses the legal protections against disability discrimination under the ADA and Rehabilitation Act, detailing what constitutes discrimination and what reasonable accommodations employers must provide. It highlights how Patriots Law Group of Lyons & Hughes, P.C. is uniquely equipped to defend veterans with service-connected disabilities, ensuring they receive the accommodations and protections they are entitled to in the workplace.
Understanding Disability Discrimination in the Workplace: Advocating for Veterans with Disabilities
At Patriots Law Group of Lyons & Hughes, P.C., we are committed to protecting the rights of employees who face disability discrimination, particularly veterans who often return from service with service-connected disabilities. Veterans with disabilities may face unique challenges in the workplace, including employers’ failure to provide reasonable accommodations or discriminatory practices based on their condition. It is our mission to advocate for these veterans, ensuring they receive the accommodations and protections they are entitled to under federal law.
What Constitutes Disability Discrimination?
Disability discrimination occurs when an employer treats an employee unfavorably because of a physical or mental disability, a history of such a disability, or an employer’s belief that the employee has a disability. This is illegal under the Americans with Disabilities Act (ADA) and Rehabilitation Act of 1973. Discrimination can manifest in several ways:
- Failure to Accommodate: Employers are required to provide reasonable accommodations that allow employees with disabilities to perform their job duties.
- Discriminatory Employment Practices: This includes refusing to hire or promote someone because of their disability.
- Harassment or Hostile Work Environment: Making derogatory remarks or taking actions that create a hostile environment due to the employee’s disability.
- Retaliation: Punishing an employee for requesting accommodations or reporting discrimination.
What is a "Reasonable Accommodation"?
A reasonable accommodation is any modification or adjustment to the work environment that allows an employee with a disability to perform the essential functions of their job. These accommodations are meant to ensure employees with disabilities have equal employment opportunities. Examples of reasonable accommodations include:
- Modified Work Schedules: Allowing flexible hours or part-time schedules to accommodate medical appointments or treatments.
- Assistive Technology: Providing equipment such as screen readers or voice-recognition software for employees with visual or motor impairments.
- Physical Modifications: Installing ramps or providing adjustable desks for employees with mobility issues.
- Job Restructuring: Adjusting job duties or redistributing tasks to ensure employees with disabilities can focus on their strengths.
Employers are required to engage in an interactive process with the employee to determine what accommodations are reasonable. However, an accommodation is not considered reasonable if it imposes an undue hardship on the employer, which refers to significant difficulty or expense.
Documenting and Stopping Disability Discrimination
Veterans and employees with disabilities who face discrimination should take the following steps:
- Document Every Incident: Record all instances of discriminatory behavior or failure to accommodate, including dates, locations, and witnesses. Save emails and written communications about requests for accommodations.
- File a Formal Complaint: Report the discriminatory behavior to your human resources department or a supervisor. Submit your complaint in writing and keep a copy for your records.
- Request Accommodations in Writing: If you need an accommodation, make your request in writing and engage in the interactive process with your employer to determine what accommodations are reasonable.
Legal Remedies and Relief for Disability Discrimination
If your employer fails to provide accommodations or discriminates against you because of a disability, you have the right to seek legal relief. Under the ADA and Rehabilitation Act, the following remedies are available:
- Reinstatement: If you were wrongfully terminated due to a disability, you may be reinstated to your position.
- Back Pay and Benefits: Compensation for lost wages, missed promotions, and lost benefits due to discrimination.
- Compensatory and Punitive Damages: Compensation for emotional distress, pain and suffering, and in some cases, punitive damages to punish the employer for extreme wrongdoing.
- Reasonable Accommodations: The court may order your employer to provide the accommodations you were denied.
- Attorney’s Fees and Costs: If you win your case, your legal fees and costs may be covered.
Advocating for Veterans with Service-Connected Disabilities
Veterans often face additional challenges when transitioning into civilian employment, especially if they have service-connected disabilities. At Patriots Law Group of Lyons & Hughes, P.C., we understand the unique needs of veterans because our attorneys have extensive military backgrounds. Our mission is to ensure veterans with disabilities are provided the accommodations they need to succeed in the workplace and are protected from discriminatory practices. We have a deep understanding of the federal employment system and the protections available to veterans, especially within the Department of Defense (DoD) and other federal agencies.
Our team is well-equipped to handle cases involving service-connected disabilities and has a track record of securing favorable outcomes for veterans who have been wrongfully treated in the workplace.
Conclusion: Protecting Your Rights as a Veteran or Employee with a Disability
Disability discrimination is illegal, and employees—especially veterans with service-connected disabilities—deserve equal opportunities and reasonable accommodations in the workplace. At Patriots Law Group of Lyons & Hughes, P.C., we are committed to fighting for your rights and holding employers accountable when they fail to meet their legal obligations.
Contact us today for a consultation to discuss your case and learn more about how we can help you protect your rights and secure the accommodations you deserve. Your well-being and legal rights are our top priority. To setup a consult, call 301-952-9000 or use the link below.
.svg)
.svg)
