How does the EEOC handle disability discrimination cases?
EEOC handle disability discrimination cases
A significant portion of the cases handled by the Equal Employment Opportunity Commission (EEOC) involve allegations of disability discrimination. The EEOC enforces a number of federal laws that protect individuals from employment discrimination based on their disabilities and provides guidance to employers about what constitutes disability discrimination in the workplace. The EEOC also helps people file disability discrimination lawsuits against their employers when they have been wronged.
The ADA prohibits discrimination on the basis of disability in all terms and conditions of employment, including hiring, firing, discipline, compensation, distribution of benefits, promotion, job training, and other privileges and benefits of employment. Discrimination can occur when an employer imposes a condition on an individual with a disability that adversely affects the person’s ability to perform the essential functions of the job, even with reasonable accommodation.
To prevent disability discrimination, the ADA requires employers in the private, state, and local government sectors to provide reasonable accommodations to employees or job applicants who have a mental or physical impairment that substantially limits a major life activity. These accommodations are changes in the way things normally are done and must be proven to help the individual apply for or perform a job unless an employer can show that doing so would create undue hardship on its business operations.
How does the EEOC handle disability discrimination cases?
Disability law also prevents discrimination based on an employee’s association with a person who has a disability law. Employers cannot discriminate against an individual who is employed or who applies for a job in the same job category as someone with a disability, or treat an individual less favorably because of an association with such a person.
Despite these laws, some employers still engage in disability discrimination. An example is when an employer refuses to hire an individual with AIDS because the employer thinks that AIDS is contagious. A similar type of discrimination occurs when an employer treats a worker differently because of a disfiguring scar, or when an employer believes that an employee with a mental or emotional disorder can’t handle the demands of a certain job.
If you believe that you have been the victim of disability discrimination, contact a New York City employment lawyer with experience in these types of cases. An attorney can help you understand your rights and assist you in filing a claim against your employer. In addition, your employer cannot retaliate against you for complaining about discrimination or participating in an investigation or lawsuit.
Once the EEOC determines that there is reasonable cause to believe that discrimination occurred, it will notify both parties and invite them to participate in an informal process called conciliation. If this process is unsuccessful, the EEOC will notify both parties that they can file a lawsuit in federal court. If you do decide to file a lawsuit, the New York disability discrimination lawyers at Phillips & Associates can help you build a strong case. Call us to schedule a free consultation with a member of our team.