Disability discrimination in the workplace is a serious issue that affects many employees across Alabama. For individuals with disabilities, navigating the workplace can bring unique challenges, especially when faced with biases or unlawful treatment. However, the law provides protections to ensure an equitable working environment.
What Is Disability Discrimination?
Disability discrimination occurs when an employer treats an employee or job applicant unfavorably due to their disability. This could include denying reasonable accommodations, harassment, unequal pay, wrongful termination, or even failing to hire someone because of their disability.
Under both federal and state laws, such practices are unlawful. It’s important for employees to understand these legal protections so that they can take appropriate action if their rights are violated.
Federal Protections Under the Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is the primary federal law protecting employees with disabilities. The ADA prohibits employers with 15 or more employees from discriminating against qualified individuals with disabilities in all aspects of employment, from hiring to termination.
Under the ADA:
- Employers must provide reasonable accommodations to employees with disabilities as long as doing so does not pose an undue hardship on the business.
- The definition of “reasonable accommodations” includes measures like modifying the workspace, providing assistive technology, adjusting work hours, or reassigning tasks.
- Harassment based on disability is strictly prohibited, and employers are required to act if harassment creates a hostile work environment.
The ADA applies to private employers, as well as state and local government entities.
Alabama Laws Protecting Employees with Disabilities
At the state level, Alabama adheres to federal ADA standards for disability protections. While Alabama does not have specific state legislation that expands upon the ADA, employees are still equally protected against workplace discrimination under federal law.
Additionally, federal law is enforced in Alabama through entities like the Equal Employment Opportunity Commission (EEOC), which plays an essential role in investigating discrimination claims filed by employees.
Examples of Disability Discrimination
Disability discrimination can take on different forms. Here are a few examples to help you better identify it:
- Failure to Provide Accommodations: An employer refuses to install ergonomic furniture for an employee with a chronic back condition, even though the request would not place financial strain on the business.
- Harassment: Co-workers repeatedly make offensive jokes about an employee’s hearing impairment, creating a hostile work environment.
- Unequal Treatment: An employee who uses a wheelchair is promoted less often or paid lower bonuses than their able-bodied peers, despite equal or superior performance.
- Retaliation: An employee reports an incident of discrimination to HR and is subsequently demoted or terminated as a result.
If these scenarios sound familiar, you may be experiencing workplace discrimination.
How to Address Disability Discrimination in Alabama
If you believe you have been subjected to disability discrimination at work, here are the steps you can take to protect your rights:
1. Understand Your Rights
Educate yourself on your rights under the ADA and related laws. Employers in Alabama must adhere to these protections and create an inclusive work environment.
2. Document Everything
Keep detailed records of discriminatory incidents, including dates, times, witnesses, and any written communications. Clear documentation strengthens your case if legal action is necessary.
3. File an Internal Complaint
Many companies have internal grievance policies that you can use to report discrimination to HR or management. This is often a required first step before pursuing further legal action.
4. File a Charge with the EEOC
If internal efforts fail, you can file a formal complaint with the Equal Employment Opportunity Commission. The EEOC will investigate the matter and determine the next course of action.
5. Seek Legal Representation
Navigating a discrimination case can be complex, especially when dealing with legal jargon and procedures. Consulting a knowledgeable employment attorney ensures that your rights are fully protected, and you receive expert guidance.
Why Fighting Disability Discrimination Matters
Addressing disability discrimination isn’t just about resolving an individual case—it’s about fostering workplaces that are inclusive and respectful of all employees’ abilities. For those who experience unlawful treatment, pursuing justice sends a strong message to employers, highlighting the importance of compliance with anti-discrimination laws.
Get Help From Birmingham Employment Discrimination Attorneys
Disability discrimination has no place in any workplace. Employees in Alabama should feel empowered to stand up against unfair treatment and advocate for equal rights. At Michel Allen & Sinor, we recognize the challenges that disabled employees may face at work. Our team is committed to supporting your fight for equal opportunities and ensuring that your rights are upheld under the law.
If you’ve experienced disability discrimination, we’re here to help. Contact us at (205) 265-1880 for a free, confidential legal consultation to discuss your case and learn how we can assist you in seeking justice.