In Employment Law And Immigration

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Alabama Lawyer Representing Disabled Employees

Employees are protected from disability discrimination in the workplace by the Americans with Disabilities Act (ADA) and the Rehabilitation Act, among various other state and local laws.

A “disability” for the purposes of employment law is much broader than most people think. An employee is considered disabled for purposes of federal law if he or she has “a physical or mental impairment that substantially limits one or more major life activities.” In addition to obvious disabilities, this broad definition includes mental health conditions like anxiety or depression, and certain temporary physical restrictions such as difficulty walking at work after a fall. Even more, the law considers an employee “disabled” when the employer simply believes the employee has a qualifying mental or physical condition, even if the employer is wrong.

Disability discrimination comes in many forms. A few examples follow:

  • It is unlawful to take adverse employment action against an employee if that action is motivated by the fact that the employee has a disability.
  • Discrimination against employees because they are associated with disabled individuals may also be actionable.
  • Employers have a duty to provide reasonable accommodations to disabled employees in certain circumstances.
  • Making fun of disabled employees at work is not only deplorable; it may also be unlawful if the conduct constitutes a “hostile work environment.”
  • It is unlawful for an employer to retaliate against a disabled employee for asserting his or her rights under the ADA or Rehabilitation Act.

Representing Employees In Disability Claims

If you believe you or a loved one has experienced disability discrimination, attorney Brian O. Noble at Capstone Law, LLC, can help. Contact us to speak with an experienced Birmingham employer discrimination attorney. There is no fee for an initial consultation.

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