What Is Disability Discrimination?

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Facing discrimination from employers because of your disability can feel disheartening. But did you know it may also be illegal? If you’re researching “What is disability discrimination?” an experienced disability discrimination lawyer in Kansas City can help you determine whether your employer’s actions were unlawful — and hold them accountable if so. 

The Definition of Disability Discrimination

Disability discrimination occurs when an employer fails to make reasonable accommodations for your disability or acts negatively toward you because of your disability. Examples may include:
  • Your employer passes you up for a promotion because of your disability, even though your disability does not impact your candidacy for the promotion.
  • Your employer fails to accommodate your disability by allowing you to take time off for appointments or eat certain foods while on the clock.
  • Your employer insults you or demeans you because of your disabling condition.
  • Your employer holds you to standards different from those of your non-disabled coworkers.
Discrimination can lead to a range of negative effects, such as a hostile work environment, unfair treatment, or even loss of employment. 

What Acts Protect Employees Against Discrimination? 

Several acts and policies protect you against disability discrimination in Missouri and Kansas.  In Missouri, the Missouri Human Rights Act offers protection for individuals with disabilities and applies to all employers with six or more employees. It requires employers to make “reasonable accommodations” for employees with disabilities as long as doing so would not impose undue hardship on the business’s operation.  So long as the employer has 15 or more employees, they are also covered under the Americans with Disabilities Act (ADA). Most Kansas employees have claims under the ADA, which protects employees from disability discrimination. If your employer violated the ADA, you have the right to sue them for remedies.  The Equal Employment Opportunity Commission (EEOC) enforces the anti discrimination statutes and protects employees from discrimination in the workplace.  

Your Rights After Experiencing Disability Discrimination in the Workplace 

If your employer has violated the Missouri Human Rights Act or the ADA,, you can file a complaint against them with the EEOC and hold them accountable. Filing a complaint brings their discriminatory actions to the attention of the appropriate agency.The EEOC can then conduct an investigation to determine whether your employer violated any laws.  If the agency finds evidence of discriminatory behavior, you may have the right to sue your employer. You could seek damages such as:
  • Back pay
  • Front pay
  • Attorney’s fees
  • Emotional distress
  • Punitive damages
An experienced employment attorney can help you determine how to proceed after experiencing disability discrimination in the workplace. 

Contact Dugan Schlozman, LLC, for Help Standing Up Against Disability Discrimination 

At Dugan Schlozman, LLC, we help Missouri and Kansas residents fight against discrimination and protect their rights. Now that you know the answer to “What is disability discrimination?” you can begin holding your employer accountable for their actions.  We provide compassionate representation for cases involving employment discrimination, workplace racism, and more. Fill out our online form or call (913) 513-1052 to schedule your no-obligation consultation today. We will listen to your story and help you determine your next steps.

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