Discrimination in the workplace due to any protected characteristic, including disabilities, is unthinkable. Fortunately, it is also illegal, and if you believe you were discriminated against as a result of your disability, our legal team is here to help. Contact a dedicated Marquette disability discrimination lawyer from Berger Law today.
Here at Berger Law, we believe that everyone deserves fair treatment and equal opportunity in the workplace. If you’ve been treated unfairly or otherwise discriminated against solely because of a disability, we are here to fight for you. Speak with a seasoned Marquette employment lawyer from our team so we can get started working on your case.
Disability discrimination in the workplace is illegal under both federal and state laws. The Americans with Disabilities Act and the Michigan Persons With Disabilities Civil Rights Act prohibit employers from discriminating against qualified individuals with disabilities in all aspects of employment. These laws also require employers to provide reasonable accommodations to employees or applicants with disabilities, unless doing so would cause undue hardship to the employer.
A disability is defined as a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, speaking, breathing, learning, working, or caring for oneself. A disability can also include a record of having such an impairment, or being regarded as having such an impairment by others. Some examples of disabilities that may be covered by the ADA and the PWDCRA are as follows:
A qualified individual with a disability is someone who meets the legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation.
A reasonable accommodation is any change or adjustment to a job or work environment that enables a person with a disability to apply for a job, perform job duties, or enjoy equal access to benefits and privileges available to other employees. Some examples of reasonable accommodations are:
If you believe that you have been discriminated against because of your disability, you have the right to file a complaint with the appropriate agency. You can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), which enforces the ADA at the federal level. You can also file a complaint with the Michigan Department of Civil Rights (MDCR), which enforces the PWDCRA at the state level. If you file a complaint with both agencies, they will coordinate their investigations and avoid duplication. Importantly, you should only file a discrimination claim with a competent disability discrimination lawyer in your corner. Berger Law understands the ins and outs of employment law and can effectively pursue the justice you deserve.
You must file your complaint within a certain time limit from the date of the alleged discrimination. The time limit for filing a complaint with the EEOC is 180 days, which may be extended to 300 days if there is a state or local law that prohibits disability discrimination in employment and a state or local agency that enforces it. The time limit for filing a complaint with the MDCR is 180 days from the date of the alleged discrimination.
Filing a complaint with the EEOC or the MDCR does not prevent you from filing a lawsuit in court later. However, you must first obtain a notice of right to sue from the EEOC before you can file a lawsuit under the ADA. You must also file your lawsuit within 90 days of receiving the notice of right to sue from the EEOC. If you file a lawsuit under the PWDCRA, you must do so within three years of the alleged discrimination.
If you have been discriminated against because of your disability, you may be entitled to compensation for various damages you’ve incurred. This can include lost wages, emotional trauma, reinstatement, and more.
The bottom line is that if you believe you’ve been discriminated against in the workplace due to a disability, you can have peace of mind when you hire a seasoned Marquette disability discrimination lawyer from our firm to represent you. Contact Berger Law today so we can get started working on your case.
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