Disability Discrimination & Failure to Accommodate
The Americans with Disabilities Act (ADA) makes it illegal for employers to discriminate against employees on the basis of disability. In other words, employers are forbidden from making decisions regarding hiring, promotion, demotion, termination, compensation, job training, or other terms and conditions of employment based on the employee’s disability, history of disability, or perceived disability. In addition, the ADA requires employers to accommodate the known physical and mental disabilities of employees, unless the accommodation would impose an “undue hardship” on the employer. Disability (or “handicap”) discrimination is also prohibited under state law and local ordinances.
Eligibility requirements for claims based on “disability” and “handicap” differ under federal and state law. An employment lawyer can explain how these laws apply to your situation.
Our firm has handled numerous cases involving disability discrimination and the failure to accommodate. Some cases involve a combination of discrimination and other claims. Generally, privacy concerns and confidentiality provisions in settlement agreements prohibit us from identifying cases, named parties, and the existence and terms of settlement agreements. What follows are a few examples of cases we have litigated and/or negotiated to a favorable resolution.
Our client, a laborer, suffered an on-the-job injury. The employer refused to accommodate his disability by providing light duty work and claimed that there was no light duty work, even though the employer had provided light duty work to other employees. No. 00 C 1922, U.S. District Court, Northern District of Illinois.
The employer put our client on a performance improvement plan and refused to accommodate his disability after he was hospitalized for manic depression.
The employer refused to accommodate our client’s disability (MS) by allowing her flex-time.
Denial of intermittent leave: The employer denied our client intermittent leave to obtain kidney dialysis, thus failing to accommodate his disability.
Disability discrimination:
The employer terminated our client, a long term successful performer, after he received shock therapy for depression.
The employer terminated our client after he requested accommodations for his hearing impairment.
If you are concerned about disability or handicap discrimination, feel free to contact us.
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The ADA requires employers to accommodate the known disabilities of employees, unless the accommodation imposes an “undue hardship.”
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