A Disability Lawyer You Can Trust
If you have you been discriminated as a disabled employee, a disability lawyer Memphis TN clients trust may be able to help. You may be able to sue your employer or other relevant party.
It may be useful to have a Memphis disability lawyer on your side which is why you should call Darrell Castle & Associates now at 901-327-2100.
Understanding Disability Discrimination
State and federal laws have been enacted making it unlawful for an employer to discriminate against prospective job applicants and current employees who have a physical or mental disability. When an employer terminates, refuses to hire, or harrasses an employee because of their disability, they could be sued. Furthermore, if an employee does any of the following, there may be grounds for legal action:
- The employer does not accommodate the disabled employee within reason;
- The employee is treated less favorably than other employees;
- The employee is paid less than they deserve;
- The employee is not given job assignments that they could do;
- The employee is not considered for promotion;
- The employee is frequently laid off, without a good reason; and
- The employee is not given access to fringe benefits.
The Americans with Disabilities Act
Congress has acknowledged the discrimination that people with disabilities face on a daily basis and that they have historically been isolated in participating in society. With this in mind, the Americans with Disabilities Act was passed. The objective is to reduce and eliminate discrimination against disabled people and give them access equal employment opportunities.
- Makes it illegal to discriminate against a person with a qualifiable disability; and
- Requires employers to reasonably accommodate their needs and limitations.
In 2008, the ADA was amended. The new changes made it easier for disabled people to qualify for protection under the act. Even so, if you are considering filing for protection or fighting against discrimination as a disabled person, it is important to talk with a disability lawyer Memphis TN residents depend on about your options.
What Is Accommodation?
The term accommodation refers to an adjustment in procedures, policies, or aid devices that allow a disabled person to perform a job they might not have been able to do otherwise. Examples could be additional breaks, adjusted working schedules, installing wheelchair accessible ramps, and so forth.
Reasonable accommodation depends on how much the employers’ company might be disrupted or whether or not they could afford to do so. In general, large companies are held to a higher standard of accommodation over smaller businesses.
The Rehabilitation Act of 1973
Federal government employees are generally covered by the Rehabilitation Act of 1973. This offers similar protection as the ADA provides to employees working in the private sector. Due to the challenges government employees might face when pursuing legal action, it is advisable to retain a disability lawyer in Memphis Tennessee workers recommend as soon as possible.
Protecting American Employees from Disability Discrimination
Disability law is extremely complex, yet it is one of the most litigated areas of employment law. Often the employee and employer do not understand their rights and responsibilities leading to tremendous and expensive consequences.
Each disability lawyer Memphis TN families rely on from Darrell Castle & Associates help both employees and employers with all aspects related to disability law. This includes, but is not limited to:
- Determining whether or not the employee has a qualifying disability;
- Determining whether the employer must provide accommodation;
- Offering assistance on requesting accommodation;
- Working with medical professionals to get the right documentation;
- Ensure employers understand their obligations to a disabled employee; and
- Pursue legal action when discrimination has occurred.
Each disability lawyer in Memphis TN from Darrell Castle & Associates can provide you with practical and knowledgeable legal advice. If you have a case we may help you to understand how your situation can be resolved in the most timely, stress-free manner possible. For a free consultation with a disability lawyer Memphis TN provides, call 901-327-2100.