EMPLOYMENT LAW:
DISABILITY DISCRIMINATION
Disability discrimination in the workplace is illegal. If you are a worker with a disability, you have the right to a workplace free of discrimination as a member of a “protected class.” You may also request that the employer provide certain changes to your job so that it is easier for you to get the work done. Reasonable accommodation could include things like a modified workstation, a larger computer monitor, or an amended work schedule. The employer is obligated to provide a reasonable accommodation to a qualified employee if it would not impose an undue hardship on the employer’s business. Temporary disabilities may qualify for leave under the federal or state Family Medical Leave Act (FMLA).
Additionally, state law changed in 2007, affording greater protection to workers with disabilities than what is afforded under the federal Americans with Disabilities Act. Under Washington Law, the definition of “disability” is broader and covers a greater number of impairments and medical, mental, and psychological conditions.
If you feel you have suffered disability discrimination, your FMLA rights have been violated, or an employer is unwilling to make a reasonable accommodation, we would like to hear from you.
At Schroeter Goldmark & Bender, we fight for workers’ rights, and we hold companies and government agencies accountable when they violate the law. We may be able to help you recover your lost wages and benefits as well as compensation for discriminatory treatment.
When to file
For certain employment discrimination claims under federal law, you must first file a charge with a state or federal agency before you can file the claim in court. The deadline for filing such a charge is typically within 300 days of the unlawful discrimination. If you fail to file a charge with one of these agencies, you may be forever barred from bringing the claim before a judge or jury. SGB can represent you in this process and ensure that your claims are preserved.
Some companies have procedures for reporting discrimination or harassment in the workplace. If you believe you have been the victim of discrimination or harassment, you should follow the procedures outlined by the company and document your actions in writing. This step is often required before you can file a lawsuit, and it also helps create a “paper trail” of what has occurred. Similarly, if you are a member of a union, you should consult with your union representative about filing a grievance to challenge the adverse action taken against you.
If your working conditions have become so intolerable due to harassment or a hostile work environment, you may be able to resign and still preserve your claims for wrongful termination and “constructive discharge” against your employer. However, if you are considering quitting your job, we strongly advise that you speak to an experienced employment lawyer first.
Let us help you
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Aggressive counsel. At SGB, we have the resources and expertise to take on large, well-funded corporations and government agencies, yet we are small enough to give our clients personal, thoughtful representation. SGB has a long-history of success trying employment cases; and our opponents know that we aren’t afraid to bring cases before the jury. This means that we are prepared to try your case when settlement negotiations fail to yield a fair result.
Deep experience. We know how to prove discrimination in the face of an employer’s excuse for poor treatment. Disability discrimination in the workplace can occur in subtle ways. Companies may say that the adverse decision affecting you is due to “the economy” or “corporate restructuring,” but you may recognize disability discrimination when, for example, other employees with similar or less experience than you are treated more favorably in training and advancement opportunities.
Understanding of the law. Not all unfair treatment is illegal. For example, your company can fire you because the boss doesn’t like you. The company’s conduct or decision is not illegal unless it is motivated by a person’s status as a member of a protected group (e.g., because the employee is female, or Hispanic, or gay, or a person with a disability). We are experienced in making these distinctions and can advise you as to whether you have a claim.
If you would like consult with us about your case, it is helpful to gather any documents you have related to your employment, e.g. pay stubs, policy manuals, employment contracts, termination papers, etc. These documents are often critical in evaluating a potential case.
- Confidential settlement against a large Puget Sound employer that refused to rehire an employee because of her lower back injury.
- Large confidential settlement for a bank officer who claimed age and disability discrimination.
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