Attorney For Disability Discrimination In Delaware
Under both the Americans with Disabilities Act (ADA) and Delaware laws, employees with disabilities are protected from workplace discrimination. This means that employers are prohibited from any discriminatory action involving workers with handicaps, disabilities or even perceived disabilities. If you are an employee or an employer dealing with a disability discrimination claim, you should know your rights and options.
Get the legal information and advocacy you need at Martin D. Haverly, Attorney at Law. We are a full-service employment law firm, offering solutions to employees and employers. We are based in Wilmington and represent clients throughout Delaware.
Learn The Basics With Our Delaware Work Disability Discrimination Lawyers
Employers have a duty to make reasonable accommodations for workers with disabilities. The details are best worked out between the employer and the worker, and each party must use good faith in negotiating an agreeable solution. Some examples of accommodations include:
- Adapted workstation equipment (ergonomic chairs, keyboards, etc.)
- Access to an appropriate workstation
- Work schedule adjustments
- Corrective devices for hearing or vision loss
- Time allowed for medical treatment
Discrimination may occur in a variety of ways, such as failing to provide a reasonable accommodation, suspension, termination, changing the terms of employment, harassment or retaliation for filing complaints, seeking accommodations, filing workers’ compensation claims and more.
Our firm has helped employees facing disability discrimination issues for more than 20 years. In addition, we provide sound counsel and litigation for businesses throughout our area. Clients have depended on our ability to investigate liability and damages issues, as well as our proven ability to present complex information in mediation or litigation settings.
Whether you seek to assert your worker rights or protect your business, we will represent your interests with steadfast resolution and determination. Visit our web pages for more information on the ADA, and other types of employment discrimination involving the FMLA, sexual harassment and more.
Delaware Protections For Workers With Disabilities
Federal and state laws protect workers with disabilities. The federal Americans with Disabilities Act generally applies to employers with 15 or more employees. Delaware’s Persons With Disabilities Employment Protections Act reaches many smaller workplaces. It covers employers with four or more employees in the state.
Delaware law bars a covered employer from refusing to hire, firing or taking other adverse action because of a disability. It also requires reasonable accommodations unless the employer can show undue hardship. The job duties, the worker’s limits and the effect of the requested change may all matter.
Conditions That May Qualify As Disabilities
The ADA Amendments Act broadened the meaning of disability. A person may qualify when a physical or mental condition substantially limits a major life activity. Protection may also apply to someone with a record of such a condition or someone treated as having an impairment.
A disability does not have to be easy to see. Chronic illness, depression, anxiety and post-traumatic stress disorder may qualify when they limit a major life activity. A condition that comes and goes may also qualify based on its effects when active.
A short-term condition can qualify in some cases, so it does not always have to last more than six months. The six-month limit applies to a narrow exception under the “regarded as” part of the law. That exception concerns an impairment that is both transitory and minor. It does not exclude every temporary condition from ADA coverage.
Navigating The Interactive Process
A request for a workplace change will often start the interactive process. You do not need to use a legal phrase, but you should explain that a medical condition is causing a work-related limit. The employer should respond, review the request and discuss possible changes.
You may need to explain your limits, provide reasonable medical support and suggest changes that could help. The employer should review the essential job duties and consider workable options. These may include a schedule change, leave, new equipment, different work methods or transfer to a vacant position.
An employer does not always have to accept your first choice if another effective option is available. Still, both sides should take part in good faith by answering reasonable questions and considering useful ideas. They should also keep records of the discussion. If either side ends the process too soon or refuses to take part, that breakdown may become important in a later claim.
Protect Your Rights Now – Contact Our Delaware Firm
At Martin D. Haverly, Attorney at Law, our team is here to support you. Contact us at 302-600-6924 to arrange an in-person meeting. Our office is conveniently located in the suburbs just outside the city of Wilmington and serves clients across Delaware.