Disability Discrimination And ADA Violations | Erie Employment Attorney
Experiencing disability discrimination at work can be incredibly distressing. It can leave you feeling isolated, vulnerable and undervalued. You are not alone in facing these challenges, and there is help available.
I’m employment lawyer Timothy D. McNair. For over 40 years, I’ve helped employees with disabilities fight for their rights in the workplace. I can support you through this difficult time. You have options, and together we can explore the best path forward to uphold your rights and put a stop to the discrimination.
“Mr. McNair advocated for me on an ADA matter and was quick to respond. He stayed in touch with updates in a timely manner as well. Would highly recommend him to those facing employment issues or labor law questions.” – Julie
Understanding Disability Discrimination
Disability discrimination occurs when an employer treats an employee unfairly because of their disability, which can be physical or mental. This mistreatment includes failing to provide reasonable accommodations, denying promotions or unjust termination. It’s essential to understand your rights and stand up against such injustices. I can help you do that.
If you’re not sure whether what you are experiencing amounts to illegal workplace discrimination, please talk to me. I can review your situation and provide guidance and clarity.
Your Rights Under The ADA
The federal Americans with Disabilities Act (ADA) provides robust protections against discrimination on the basis of disabilities. As someone with a disability, you have the right to reasonable accommodations that enable you to perform essential job functions. Your employer cannot retaliate against you for requesting accommodations. If you do experience retaliation – such as demotion, unfavorable work assignments, harassment or termination – you can pursue recourse through an ADA claim.
Common Examples Of Disability Discrimination
Disability discrimination can manifest in various ways. Here are some examples:
- Denial of reasonable accommodations: Employers might unjustly deny requested accommodations or agree to accommodations initially but later fail to follow through, impacting the employee’s ability to perform their job effectively.
- Unjust performance criticism: After disclosing a medical condition and requesting accommodations, employees may face unwarranted criticism or questioning of their medical needs.
- Retaliatory actions: Employees who request accommodations or disclose disabilities could experience negative changes in their job status, such as being placed on a performance improvement plan despite having a strong track record.
- Unfair termination: Missing work due to a medical condition flare-up, for example, might lead to unjust termination, even when previous performance was exemplary.
When To Contact An Attorney
If you feel your rights under the ADA have been violated, it’s time to contact an attorney. Signs include denial of reasonable accommodations, discriminatory remarks or changes in job status after disclosing a disability. Protect your rights by seeking legal advice sooner rather than later.
My Approach To ADA Cases
As your Erie disability discrimination attorney, I handle cases with a personal touch. I draw on decades of experience to provide practical solutions. My familiarity with Erie County is a valuable asset in pursuing successful outcomes for my clients. I offer honest assessments grounded in deep regional knowledge of the local legal landscape.
My approach at McNair Law Offices, PLLC, is calm and reassuring; my clients find me to be a stable, grounding presence in the midst of upheaval. Because I’m a solo attorney, you will have direct access to me, and your case will not be shuffled off to associates.
Disability Discrimination FAQ
Below are answers to common questions about the ADA and disability discrimination. Please don’t hesitate to reach out to me for further guidance.
What qualifies as a disability under the ADA in Pennsylvania workplaces?
A disability under the ADA is a physical or mental condition that significantly restricts one or more major life activities. This includes conditions like rheumatoid arthritis, diabetes, and serious mental health disorders. It’s important to note that the ADA also protects individuals with a history of such impairments or who are perceived to have a disability. If you believe you fall under this definition, you may be entitled to protections and accommodations in your Erie workplace.
How do I request reasonable accommodations from my Erie employer?
You can make a written request that includes information about your disability and specific accommodations you need. It’s helpful to provide documentation from a healthcare provider outlining the necessary accommodations. Be clear about what accommodations you need and how they will help you perform your essential job functions.
Can my employer in Erie ask about my disability during a job interview?
Under the ADA, employers cannot ask about your disability during a job interview. They can inquire if you can perform the essential functions of the job with or without reasonable accommodations. Any questions regarding your ability should focus on job-related tasks and not on your medical condition. If you face inappropriate inquiries, it might be a sign of workplace disability discrimination, and legal guidance can help address this concern.
How Can I Help?
Don’t let disability discrimination hold you back from a thriving career. Reach out to me online or by phone at 814-616-7499 to discuss your situation and how I can help.