Let Our Iowa And Nebraska Disability Discrimination Lawyers Protect Your Workplace Rights

Although the Americans with Disabilities Act (ADA) was passed in 1990, over the years the United States Supreme Court interpreted it in such a way that almost no one was recognized as being “disabled” and entitled to the law’s protections. Thankfully, Congress amended the ADA in 2009 to restore its meaning and scope.

If you have a serious health condition that affects your life or a major function of your body, you are probably considered to be “disabled” under the law. Your employer cannot treat you less favorably because of your disability, harass you for your disability, or refuse to grant a reasonable accommodation for your disability. It is also against the law for your employer to retaliate against you because you asked for a reasonable accommodation.

Examples Of Disability Discrimination

What does disability discrimination look like? It can take many forms, including:

• Discriminating on the basis of physical or mental disability in various aspects of employment
• Harassing an employee on the basis of his or her disability
• Asking job applicants questions about their past or current medical conditions, or requiring job applicants to take medical exams
• Creating or maintaining a workplace that includes substantial physical barriers to the movement of people with physical disabilities
• Refusing to provide a reasonable accommodation to employees with physical or mental disability that would allow them to work

If you have questions about whether your experiences at work were illegal discrimination, please contact our firm to speak to one of our skilled employment lawyers.

How Can You Request A Disability Accommodation?

The best way to request an accommodation is in writing. If you have an employee handbook, read it! It will likely contain information about how to do this. Write a letter, note, or email that includes information about your disability and a request that your employer accommodate you. If you already know what you need for an accommodation, include that information as well. Once you request an accommodation, your employer is required to work with you in what is called the “interactive process” to determine a reasonable accommodation. Sometimes, those accommodations are easy, like changing your schedule. Other times, it can be difficult to determine the best course of action to accommodate you. Your employer does not have to grant the exact accommodation you request.

Can An Employer Require You To Have A Physical Before You Start Your New Job?

Yes. An employer can require you to submit a pre employment physical. However, the exam can only happen after you are offered the job. Your new employer is required to keep all your health information confidential.

What If Medical Restrictions Conflict With Essential Parts Of Your Job?

Consider the following scenario: You work as a roofer, but you recently received permanent restrictions that prevent you from climbing ladders. Are you protected by disability laws?

Unfortunately, the answer is no. To be entitled to protection from disability discrimination, you can’t be so disabled that you can’t do the work. Unless a reasonable accommodation can be found, your employer has the right to terminate your employment.

What Does It Mean To Be Disabled Under Employment Laws?

Here’s the short answer: If you have any kind of an ongoing health condition that is significantly affecting your life, or that would significantly affect your life if you weren’t getting treatment, you’re probably “disabled” within the meaning of the law. The full answer is that a disability is an impairment (physical or mental) that places substantial limitations on at least one major life activity. It can be complicated to know exactly how and whether you meet the criteria for a disability. That’s why it’s a good idea to consult with a physician and an employment lawyer.

Do Disability Laws Apply To You Even If You Have Never Applied For Social Security Disability?

Yes, disability laws do apply to you. The law for disability benefits under the Social Security Act has a completely different definition of what it means to be “disabled” than the definition that applies in employment laws like the ADA.

Get Answers To Your Questions During An Initial Consultation

Fiedler Law Firm, P.L.C., serves clients from our offices in Johnston, Iowa, and Omaha, Nebraska. The best way to learn about your rights and legal options is by scheduling an initial consultation. To get started, contact us online or call our Iowa office 515-303-8210 or our Nebraska office at 402-281-3501.