Seattle Workplace ADA Lawyer and Employment Disability Discrimination Attorney
The Americans with Disabilities Act and the Washington State Law Against Discrimination prohibit employees from being discriminated against solely on the basis of a physical or mental disability.
If you have a disability and are able to perform the basic tasks of a job, your employer must make reasonable accommodations for your disability to assist you in performing your job. Even temporary physical or mental disability is protected by State disability discrimination law.
Please call me today to learn about your rights and the deadlines that apply to your case.
If you believe you have been discriminated against by an employer due to a disability, please contact me at your earliest convenience. I accept many disability discrimination cases on a contingency fee (no fee for my firm unless you recover compensation).
Understanding Workplace Disability Discrimination
Title I of The Americans with Disabilities Act prohibits discrimination against individuals based upon a disability with respect to hiring, promotions, employment training, wages, and work-related privileges. Title I also prohibits potential employers from inquiring about a person’s disability before the person is hired.
Is the Employer Subject to ADA Laws?
It’s important to understand that federal laws regarding accommodations in the workplace only apply to companies with fifteen or more employees, but state law covers smaller employers. Each case is individually assessed to determine if the accommodations must be made.
What Are “Reasonable” Accommodations?
Companies required to make accommodations need only make those that are “reasonable,” which means that a very costly or difficult accommodation may not be required if it will cause undue hardship on the company. Whether a necessary accommodation is “reasonable” will be based upon the particular facts and circumstances of the case, including the costs of the accommodation.
Employers are usually not required to lower their performance or production standards as an accommodation, but may need to make other accommodations to increase the disabled worker’s ability to keep up.
What Types of Accommodations Are Considered “Reasonable”?
If requested by an employee with a disability, or even without a request if there is an obvious need, an employer must provide the employee with reasonable accommodations for tasks associated with the job. Such accommodations may include:
- Adjusting work policies
- Installing handrails
- Providing an individualized work schedule
- Modifications of equipment or work related devices
- Transferring the employee to a different location within the company
- Use of assistive equipment and technology
- Wheel chair ramps or similar physical accommodations
Additional accommodations for mental or emotional conditions may include:
- Allowing flexible start times
- Working from home
- Presence of a service animal
- Written instructions
Remember, any accommodation must be reasonable, must help solve the problem, and cannot be an undue hardship given the size of the employer and the other relevant circumstances.
Did My Employer’s Conduct Constitute Illegal Disability Discrimination?
At our initial consultation, I can advise you as to whether it appears that you were subject to unlawful disability discrimination after learning about your case. If discrimination appears to have occurred, I can also advise you as to your legal options for seeking compensation or corrective action, and how I can help.
Filing a Claim for Disability Discrimination Against Your Employer
If you believe that you have been discriminated against in your workplace due to your physical or mental disability, you may be entitled to file a disability discrimination claim against your employer. I can represent you in filing this claim, and all other action that may be necessary in legal and associated proceedings on your behalf.
If you or a loved one has been the victim of employment discrimination due to a physical or mental disability in Washington, please contact me at (206) 324-8969. I will screen your case to determine if I think I can assist you, and if not I will make suggestions for moving your matter forward.