Disability Discrimination Attorney
Holding Employers Responsible for Their Actions
The Americans with Disabilities Act protects employees from discrimination in the workplace because of their actual, perceived, or record of disability. However, either through mistake, misinformation, or malice, not all employers comply with these rules. At Scott Law Firm PLLC, Matt is committed to providing quality legal counsel for those who find themselves discriminated against due to their disabilities.
Contact our firm today to speak to a skilled Dallas disability discrimination lawyer.
What Is the Legal Definition of a Disability?
Not every physical or mental condition qualifies as a disability. The impairment must be of a physical or mental nature and limit function in at least one major life activity when it is active. An employer cannot discriminate against an employee because the employee has such a condition.
Additionally, an employer cannot discriminate against an employee because of the employee’s record of impairment. Examples of this include medical records or an official diagnosis by a medical practitioner. An employer likewise cannot discriminate against an employee because they regard the employee to be impaired, even if this belief is inaccurate.
An employer discriminates against an employee on these bases if it takes adverse action against the employee because of their disability. This includes:
- Failing to hire
- Failing to promote
- Demoting and/or terminating employees because of their physical or mental impairment
Disability discrimination can come in several forms, including:
- An employer who fails to make requested reasonable accommodations for an individual’s qualifying physical or mental impairment.
- An employer who fails to hire or promote an individual person due to a qualifying disability even though the person is qualified and capable of fulfilling the tasks required for the position.
- An employer who takes adverse action against an employee after a disability that is not visibly noticeable is revealed, such as cancer, HIV/AIDS, epilepsy, diabetes, or other chronic health conditions.
Any person who feels that they are being unfairly discriminated against due to a disability may have a legal case against their employer. Contact an experienced lawyer who deals primarily with cases involving discrimination in the workplace in order to determine whether the case is viable.
There are a number of other reasons when an employee may be unfairly discriminated against due to a disability:
- The Family and Medical Leave Act provides that covered employers provide 12 weeks of unpaid leave after the employee has worked a year. Leave does not have to be taken at the same time and can be spread out to accommodate medical appointments, treatments, or a flare-up of an employee’s chronic condition.
- Once an employee makes a request for a reasonable accommodation for a qualifying disability, the employer is required to engage in an interactive dialogue to determine whether an accommodation can be made without causing the employer an undue burden.
- Once an employer receives a report of disability discrimination, they have an obligation to investigate and take prompt remedial action.
At Scott Law Firm PLLC, we are committed to providing clients with thorough, knowledgeable representation. Call our disability discrimination lawyer in Dallas at (214) 238-8444 today to schedule a free initial consultation.
“He was able to get it resolved early, which I appreciated. He kept me informed and up to date on everything. I strongly recommend him.”- D. Luna
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With 17 years of defense experience, Matt Scott is confident in the courtroom and knows how to strategize and position your case well in trial.
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Matt Scott has held his Board Specialization in Labor and Employment Law by the Texas Board of Legal Specialization for nearly 20 years.
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