What Are the Ambiguities in Disability Discrimination Laws?
The Americans with Disabilities Act (ADA) stipulates that employers must provide “reasonable accommodations” for employees or potential employees grappling with physical or mental disabilities. The gray area lies within the definition of “reasonable accommodations,” as the act does not explicitly outline what these might be.
This ambiguity, although possibly well-intentioned, paves the way for potential discriminatory employment practices that could negatively impact competent individuals with disabilities. If you suspect that you may have been discriminated against in the workplace based on disability factors beyond your control, you may be eligible to file a lawsuit.
Nationwide disability discrimination lawyer Todd M. Friedman can assist you in understanding your situation and defending your right to equality under the law.
What Are Some of the Nuances of Disability Laws?
While the exact parameters of “reasonable accommodation” under the ADA remain murky at best, certain aspects of the act are unequivocally clear. For instance, your disability cannot be used as grounds for discrimination in:
- Pay
- Training
- Benefits
- Hiring
- Promotion
- Termination
Navigating the job market can be challenging enough without the added burden of discrimination based on your disability. If you suspect that an employer is dismissing your capabilities for reasons unrelated to your competence to perform the job, reach out to our office to explore your rights.
Under the umbrella of California Worker’s Compensation laws, you have additional protections. Designed to support workers who suffer injuries or fall ill due to their employment, these laws can facilitate access to medical care, temporary or permanent disability benefits, and supplemental job displacement benefits.
Disability Assessment and Benefits
In California, when a doctor determines that your work-related injury or illness has stabilized and no substantial improvement is expected, you may undergo an assessment for a disability rating. This rating is a percentage that estimates how much your injury or illness restricts your ability to work. It is based on guidelines provided by the American Medical Association and specific factors related to your job.
Typical disabilities that might inhibit a person’s ability to work include severe back and spine injuries, significant traumatic injuries like those resulting from falls or machinery accidents, chronic illnesses such as job-related heart disease or cancer, and mental health conditions such as PTSD or severe depression, particularly if they were incited by work-related incidents.
The weekly benefits for permanent disability are calculated based on your disability rating, your wages at the time of injury, and the date of injury. The duration of these benefits varies and can extend up to a lifetime pension for total disability, depending on your disability rating.
Evaluating your Claim
It might be challenging to ascertain if your claim of disability discrimination is valid. At the Law Offices of Todd M. Friedman, P.C., you can engage directly with your attorney, facilitating a more efficient resolution and mitigating uncertainty.
Trust your instincts and act today. Contact our nationwide disability discrimination law practice toll-free to consult with attorney Todd M. Friedman about your potential options. Alternatively, you can email our office or call us to schedule a complimentary initial consultation.
