Few things can be as troubling as having to fight to keep your job when you have taken medical leave or facing discrimination because your supervisor will not make accommodation for a disability or temporary physical condition. Disability Discrimination lawyers in Washington D.C such as Eric Siegel Law represent federal employees or job applicants who have faced disability discrimination.
What is a Disability under the Americans with Disabilities Act (ADA)?
Under the ADA, a disability is defined as: a physical or mental impairment that substantially limits one or more major life activities of such an individual, a record of such an impairment, or being regarded as having such an impairment.
Major life activities include:
· caring for oneself
· performing manual tasks
· walking
· seeing
· hearing
· speaking
· breathing
· learning
· working
“Substantially limits” means significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.
What damages are available under the ADA?
If you prove that your employer intentionally discriminated against you because of your disability, a court may award the following types of relief and damages:
· back pay
· reinstatement (or front pay if reinstatement is not feasible)
· injunctive relief prohibiting the employer from engaging in discrimination
compensatory damages, including emotional distress damages
· punitive damages
· reasonable attorneys’ fees
Note that some of these damages may not be available if your case involves unintentional discrimination (also called disparate impact) or retaliation claims under the ADA. Hiring a disability discrimination lawyer in Washington, D.C is an important first step to securing these types of damages.
Eric Siegel Law can help you realize the full protection of your rights in workplace disability cases such as the following:
· Failure to accommodate disabilities relating to mobility for parking spaces, access to the building, location of a workspace or the retrofitting of a work area for a wheelchair
· Failure to accommodate a sensory disability, such as full or partial blindness or hearing loss
· Failure to accommodate a temporary disability related to pregnancy, medical treatment or recovery from an injury
· Discrimination in job or promotion opportunities on the basis of a disability unrelated to the demands of a given position
· Discrimination based on a condition that is perceived by the employer as a handicap or disability but does not affect the employee’s ability to perform the work
· Retaliation by an employer against an employee invoking rights under the ADA
Selecting a disability discrimination lawyer Washington, D.C?
Hiring an attorney is often advisable if you believe you have been the victim of disability discrimination in the workplace and want to file a lawsuit against your current or former employer. The Americans with Disabilities Act includes certain requirements you have to prove in order to show that you were discriminated against in the workplace. A disability discrimination lawyer in Washington, D.C who is experienced in disability discrimination lawsuits can ensure that you fulfil your obligations under the Americans with Disabilities Act and try to get the evidence you need to successfully prove your case.
When selecting a disability discrimination lawyer, think about what is important: how to prove disability discrimination, the defences the employer may assert, and what damages and remedies are available.
If you need advice about your right to protection under the ADA, hire a disability discrimination lawyer such as Eric Siegel Law to help advise you.