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The Battle Against Employment Discrimination: An SSDI and ADA Case
ADA Employment Discrimination: Understanding the Legal Basis
In a significant legal case, the Equal Employment...
Employment or workplace discrimination is when a person or group receives unfair treatment due to specific protected characteristics. Discrimination can happen between coworkers, during the hiring process, or between employees and employers. Intentional or unintentional, all forms of discriminatory practices in the work environment are prohibited by law.
The Americans with Disabilities Act of 1990 (ADA) prevents state and local governments, employers, employment agencies, and unions from discriminating against people with disabilities. Additionally, the employer must make reasonable accommodations for the employee or applicant as long as it does not cause “undue hardship” to the business.
Title VII of the Civil Rights Act of 1964 protects people from discrimination based on age, race, religion, gender or sex, national origin, genetic information, and other aspects. Additionally, it also prohibits discrimination based on sexual orientation. Recently, the U.S. Supreme Court ruled this Act protects LGBTQ employees from termination due to their sexual orientation.
Furthermore, these federal laws protect employees from employer or workplace retaliation due to a discrimination complaint. Retaliation may include harassment, demotion, or termination.
In 2021, the Equal Employment Opportunity Commission (EEOC) received more than 61,000 allegations of discrimination. Over 17 percent of those cases resulted in a successful outcome for the plaintiff. Racial discrimination has the lowest plaintiff success rate at 15 percent. Retaliation is the most frequent complaint, comprising the majority (56 percent) of all claims.
In the past 25 years, the EEOC has received more than 1.8 million complaints, with employers paying out nearly $500 million in settlements to employees.
From job applicants to hired employees, there are anti-discrimination laws in place employers must follow to avoid charges of discrimination. At Whitcomb Selinsky, PC, we have experienced employment law attorneys who dedicate 100 percent of their time to these civil rights cases. Our labor and employment attorneys have a wide array of experience working with federal government agencies, including the Department of Labor. We will review your discrimination complaint, work with your employer’s Human Resources, and manage your discrimination case throughout the entire process.
Whether you are an applicant, a current employee, or a wrongfully terminated former employee, we will advocate and counsel you through the entire complaint process and bring your case to trial if needed.
Age Discrimination in Employment Act
Equal Pay Act
Gender Identity
Mental or Physical Disability
National Origin
Race
Reasonable Accommodation
Retaliation
Sex
Sexual Harassment
Sexual Orientation
Other Protected Classes
As an employee, you have the right not to be discriminated against or harassed at work. You have a right to receive equal pay and reasonable accommodations due to religious beliefs or a medical condition. Any medical or genetic information you share with your employer must be kept confidential.
You also have the right to report discrimination, cooperate with an investigation or attorneys, or file a discrimination complaint without facing retaliation.
Employers should not ask applicants questions regarding personal characteristics protected by the Americans with Disabilities Act of 1990 or Title VII of the Civil Rights Act of 1964. Employers may not ask questions regarding your age unless the job has an age-related legal requirement. Examples of inappropriate questions are:
Yes, but only if the disability is apparent or you have informed the employer of your disability. For example, an employer may ask if you require reasonable accommodation for the interview or job, including a change in the work environment. They may also ask if you need accommodations for the application process.
No, an employer cannot discriminate against a job applicant or employee due to the relationship to a disabled family member. For example, employment discrimination laws prevent employers from refusing employment to an applicant with a disabled child because they fear the child's care will interfere with the applicant's work.
Yes, an employer can justify their different treatment of employees in certain circumstances, such as:
After seven years as a trial attorney for the Department of Labor, Tim now leads the firm’s Labor and Employment practice. He centers his expertise in the Health and Safety sector, defending clients against MSHA and OSHA regulatory enforcement actions.
After graduating from law school, Danyelle served as an Equal Employment Opportunity Specialist at the Department of Labor’s Office of Federal Contracts Compliance Programs (OFCCP), where she used contracts to promote and protect civil rights, managed major and minor audits for compliance with U.S. anti-discrimination laws, and handled complaints against large government contractors.
Before joining the firm, Brickelle held several law clerk positions, including working with the United Nations Committee on the Rights of Persons with Disabilities in Geneva, Switzerland. In this position, she aided the UN Secretary of the Committee on the Rights of Persons with Disabilities during the 24th session of the committee.
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