Disability Discrimination

Disability Discrimination

Being discriminated against for any reason is a terrible experience.. Many individuals find that they are treated unfairly due to certain disabilities they may have, and are not given fair chances due to certain limitations. Fortunately, there are various laws set in place that were created to protect individuals in certain situations. Many of these are federal laws, but depending on the state you are in, there may also be state laws in place that protect you. These laws are meant to protect disabled individuals from discrimination in a variety of situations, such as:

  • Housing
  • Voting
  • Public accommodations
  • Employment
  • Education

Violations of disability discrimination laws can vary and will depend on several factors. For example, a business that doesn’t provide other entrance options for those with certain physical disabilities, or a business turning down a job applicant strictly because of his or her disability.

There can be some questions as to what is considered a disability, because not all disabilities are apparent. A disability is typically defined as an impairment that limits someone’s everyday capabilities. While an attorney can help you understand if your specific situation involves disability discrimination, it is important to note that covered disabilities can include both mental and physical impairments. This means anatomical losses that affect at least one part of the body, physiological conditions or disorders, and cosmetic disfigurements. Generally speaking, the disability would have to substantially limit an individual’s ability to perform certain daily activities that others do not typically struggle with.

Again, it is important to point out that what is typically classified as a disability will vary on a case-by-case basis. The U.S. Department of Labor lists the following as some examples of potential disabilities:

  • Autism
  • Bipolar disorder
  • Blindness
  • Cancer
  • Cerebral palsy
  • Deafness
  • Diabetes
  • Epilepsy
  • HIV
  • Significant depression
  • Mobility impairments that require wheelchair use
  • Multiple sclerosis
  • Muscular dystrophy
  • Obsessive-Compulsive Disorder (OCD)
  • Post-Traumatic Stress Disorder (PTSD)
  • Schizophrenia

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Although disability discrimination can and does happen in a number of different scenarios, it is frequently seen in the workplace. The Americans with Disabilities Act (ADA) was created to specifically prevent disabled individuals from being discriminated against in the workplace and all aspects of employment, including firing, hiring, pay promotions, layoffs, job assignments, fringe benefits, and so on. Additionally, the Act also prohibits harassment against someone due to their disability. For example, if a supervisor makes a negative remark towards an employee about his or her disability, this may be considered a violation of the act.

Were you discriminated against in the workplace, or another situation, because of your disability? If so, you may already be working with an attorney on a lawsuit, which can potentially award monetary compensation. As you wait for your case to settle, keep in mind that you have options if the wait seems to be going on longer than you and your attorney anticipated.

At USClaims, we offer an alternative to those waiting on cases to settle; this is a process known as pre-settlement funding, also commonly referred to as a lawsuit advance. Contact us today to learn more!

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