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Disability discrimination is not new and happens frequently in New Hampshire. According to the New Hampshire Commission for Human Rights, the state agency which investigates discrimination complaints, disability discrimination is one of the most common forms of unlawful employment discrimination. In the United States, almost 19,500 complaints of disability discrimination were filed for 2008 at the Equal Employment Opportunity Commission.
What is Disability Discrimination?
The Americans with Disabilities Act of 1990 prohibits employers from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees.
An individual with a disability is a person who:
• Has a physical or mental impairment that substantially limits one or more major life activities;
• Has a record of such an impairment; or
• Is regarded as having such an impairment.
A qualified employee or applicant with a disability is
an individual who, with or without reasonable
accommodation, can perform the essential functions of
the job in question. Reasonable accommodation may
include, but is not limited to:
• Making existing facilities used by employees readily
accessible to and usable by persons with disabilities.
• Job restructuring, modifying work schedules,reassignment to a vacant position;
• Acquiring or modifying equipment or devices, adjusting
or modifying examinations, training materials, or
policies, and providing qualified readers or
interpreters.
An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business. Undue hardship means an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.
If you have been victimized by disability discrimination on the job, our disability discrimination lawyers will fight to protect your rights. Many lawyers claim to have employment law experience. Also, some law firms try to have it both ways and represent employers and employees. Our loyalty is simple – we represent employees
We understand the sensitive and difficult nature of these cases and the emotional upset caused by the discrimination. We are dedicated to providing victims of disability discrimination with dignity and respect. For many reasons it can be difficult for victims to decide to report the discrimination and pursue their legal claims. Time is of the essence because discrimination cases have strict time limits in order to pursue such claims. |
