If you have reason to believe that you are facing workplace discrimination due to a disability, it is important to take action right away. Every state has different laws that serve to protect the rights of employees. There are also federal laws that serve to protect workers such as the ADA. The ADA, Americans with Disabilities Act, protects workers from disability discrimination in the workplace. It is important to recognize that this act protects individuals on all levels of employment such as individuals going through the hiring process, those interested in receiving benefits, and employees who are in the process of termination.
When it comes to workplace discrimination, some laws serve to protect certain employees under specific conditions. Laws could also vary not only depending on the state but region as well. Due to this complexity, speak to a proficient attorney that has experience in dealing with employment law cases. An attorney with the right experience can help you understand what laws will serve to protect you.
Make Note of the Incident and Assert Your Rights
Many employees that experience some sort of discrimination will likely not experience an isolated incident. As a victim, it is important to make note of each incident and include the following information:
- The date and time of the incident
- Name of the perpetrator
- Names of any possible witnesses
- Your thoughts after the event
It is important to notify a supervisor or the company’s human resources department in respect to the discriminatory event(s). Noting the date of the notification can also be important as well as any documentation completed or received.
Filing a Complaint With Your Employer
Once you have notified a supervisor or human resources about the events, they will likely ask you to file a complaint. Filing a formal complaint with your company can serve two purposes:
- The complaint will give the company the opportunity to correct the situation.
- The formal complaint will put the workplace on notice of your claim. In the event that you decide that the matter was not handled appropriately, you may choose to pursue legal action against your employer for any grievances you may have endured.
Filing a Charge of Discrimination
Another attempt you can take in an effort to remedy the situation is to file a charge of discriminations with the Department of Fair Employment Housing. The DFEH, will preserve your right to file a lawsuit for disability discrimination. It is worth noting that you must file a charge with the DFEH or other state anti-discrimination agency before you attempt to file a lawsuit with an attorney. Doing otherwise will likely result in an invalid claim, which the courts will likely throw out or dismiss.
Speak to an Experienced Attorney
It is important to note that there are strict time limits to workplace discrimination claims. The complexity of the laws and other factors can be overbearing and stressful. Speak to an employment law attorney that has experience in dealing with workplace discrimination cases. An attorney with the right knowledge can help you through the process of filing a claim.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation, are dedicated to serving victims of workplace disability discrimination. They have extensive experience in the field of disability discrimination claims. If you have been discriminated against at your place of work due to a disability, seek experienced legal support.
