Why are Disability Discrimination Law Attorneys Essential in Pursuing a Claim

By: Rainier Policarpio
Overview of the Employment Scene

Today, in our society, disabled people have various rights that must be respected. Especially in the employment field, they should be given equal opportunities to be able to have their own source of finances to sustain a decent living.

Yet, many scenarios seem to be favoring only those individuals in good physical shape and mental capabilities in the employment arena. Their companies or employers are treating thousands of disabled job applicants and workers unfairly in many aspects of employment.

The Americans with Disabilities Act

The aforementioned instances bring about the passage of important laws that advocate the welfare of these people with impairments – whether physically or mentally. The ADA or the Americans with Disabilities Act of 1990 seeks to prevent companies with 15 or more employees, state and local governments and employment unions from performing discriminative acts against disabled workers in the following aspects:

• Job application processes

• Salaries and wages

• Career enhancement trainings

• Promotions

• Working conditions

• Employment privileges

• Job terminations

The ADA considers a person as disabled if his physical or mental ailment limits at least one of his primary life activities substantially. However, if his disability does not affect his capacity to exercise vital functions related to a job, there should not be any reason that an employer reasonably accommodate him.

The ADA further suggests the implementation of actions that make a workplace readily accessible and functional for people with disabilities. Employers are also required to modify their job structure and schedule so that these individuals may cope up.

No policies therefore, should be executed that limits a disabled worker from performing his job assignment and imposes unto him "undue difficulties" in any company operations.

On the other hand, any complains regarding ADA violations may be filed at the U.S. Equal Opportunity Commission, which is the lead agency that handles cases of employment discrimination, especially those concerning disability discrimination.

Filing a Legal Action with Disability Discrimination Law Attorneys

Since most of the employers has their own legal counsels to defend their cause, it is definitely vital for the discriminated workers to look for their trustworthy disability discrimination law attorneys. This will make sure that the legal battle will be fair enough to both parties.

In filing a claim, the discriminated employees will have a period of 180 days after the performance of the illicit act to bring their case with the EEOC. Following are the important things that should be included in a complaint:

• The plaintiff’s personal information such as his name, address and contact details as well as his employer’s

• A brief and precise details of the discriminatory act done by the employer including the date it was carried out

• Some documents and other evidences that will support the employee’s allegations

After the charges have been filed, the EEOC will conduct an investigation and will prohibit the employer from taking any action against the plaintiff. The resolution will be declared after all matters surrounding the case are completely considered.

This is also why the discriminated employees have to commission a competent employment attorney – the procedures in filing disability discrimination claim involves various legal issues and steps that may be intricate for them.

Know how essential the role of Disability Discrimination Law Attorneys is in cases of disability discrimination.

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