Help for Victims of Disability Discrimination
According to guidelines of the Americans with Disabilities Act (ADA), individuals with “a physical or mental impairment that substantially limits a major life activity” are protected against workplace disability discrimination. No employer may terminate or refuse to hire an otherwise qualified individual based on physical or mental disability.
The ADA also requires employers to make “reasonable accommodations,” such as modifying their facilities or adjusting a work schedule, to make it easier for a disabled worker to accomplish his or her daily tasks. This applies whether the disabled employee needs minor or major accommodations.
At the law office of Robert B. Landry III PLC, in Baton Rouge and New Orleans, we are aware of the value that disabled individuals bring to businesses in all industries. Unfortunately, not all Louisiana companies share disability discrimination awareness.
Retaliation claims: If you request an accommodation, or if you report a hostile work environment based on your disability, and you are retaliated against by your employer as a result, you may have a retaliation claim as well. It is important to report the discrimination in writing.
Whom We Represent
We represent individuals who face workplace or public discrimination as a result of their disabilities. Resolutions in these disability discrimination cases may include rectifying the situation and/or seeking financial compensation.
We also represent individuals who are associated with someone with a disability. It is unlawful to discriminate against a family member or someone else who is closely associated with someone with a disability.
Do Not Wait to Take Legal Action
If you are discriminated against at work because of a disability, or if your employer refuses to accommodate you — or even have a conversation about the issue — talk to our attorney as soon as possible.
Mr. Landry is an experienced employment law attorney whose years of experience provide insights into how defendants in disability discrimination cases fight back. He uses that knowledge to build strong cases that will withstand intense scrutiny.
These cases are complex, and there are statutes of limitations that must be met or your case will not be allowed to proceed.
Staying Up-to-Date With ADA Laws
It is critical to work with an attorney who stays up-to-date on changes to the ADA. Recently, the ADA was amended to broaden the definition of disability in the workplace. There are many different types of eligible disabilities that may be covered now, that were not previously included. Examples of disabilities that are covered include hypertension, cancer, diabetes, and other physical and mental impairments.
What is a reasonable accommodation?
A reasonable accommodation is any adjustment made to the work environment to help a disabled person apply for employment, perform their duties, or enjoy the privileges and benefits of the job, such as promotions and raises. Common examples of reasonable accommodations include:
- Providing assistive devices, such as a screen reader or Braille keyboard
- Amending job duties
- Adjusting work schedules to allow for medical appointments
- Relocating the work area
- Allowing leave for medical care
If you have requested and been denied an accommodation at work, a New Orleans disability discrimination lawyer at the law firm of Robert B. Landry III PLC will review your case and explore the possibility of making a claim.
How can a Baton Rouge disability discrimination lawyer help my case?
No employer wants to be sued, so acts of disability discrimination are often disguised or presented as legitimate (and legal) decisions. When you’re not familiar with your rights, it’s easy to be discriminated against without realizing it.
A disability discrimination lawyer understands the federal, state, and local laws that protect you. They will help you identify employment decisions or actions that violate your rights and pursue a claim for compensation.
At the law firm of Robert B. Landry III PLC, we have extensive experience helping clients file and pursue cases of disability discrimination in the workplace. We will advocate for you when your employer finds it easier to discriminate than accommodate.
What remedies are available to victims of disability discrimination?
The remedies available to victims of disability discrimination include:
- Reinstatement and back pay
- Future pay
- Being hired for a position they were originally denied
- Workplace accommodations made to support their disability
- Compensatory damages, such as emotional pain and suffering
- Reimbursement of related medical expenses
- Punitive damages
- Court costs and attorney’s fees
In some cases, the employer may be required to post a notice to all employees addressing the violation and advising them of their right to be free of discrimination, retaliation, and harassment.
A New Orleans disability discrimination lawyer at the law firm of Robert B. Landry III PLC will help you pursue the compensation you need to resume your life.
What is the Bona Fide Occupational Qualification defense?
A company’s bona fide occupational qualification defense may be asserted when it makes hiring (and firing) decisions based on someone’s disability. In general, employers can’t take protected characteristics into account in matters of employment, but in VERY limited circumstances, it may be allowed.
For example, if you use a wheelchair for mobility assistance, a window washing company may be unable to offer you a job working on highrise windows, as such an environment makes a wheelchair impracticable. However, it cannot refuse to hire you to work in the office solely because of your physical disability. These situations can be complicated, so address the situation with a New Orleans employment lawyer.
Questions? Contact Us for a Consultation.
Contact an experienced employment law attorney as soon as possible in order to protect your rights and resolve your dispute. Please complete our online contact form to get started.