Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.

Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).

A person can show that he or she has a disability in one of three ways:

1. A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning).
2. A person may be disabled if he or she has a history of a disability (such as cancer that is in remission).
3. A person may be disabled if he is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).

Age discrimination involves treating someone (an applicant or employee) less favorably because of his or her age. The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

It is unlawful to harass a person because of his or her age. Harassment can include, for example, offensive remarks about a person’s age. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits such as leave and health insurance, and any other term or condition of employment.

If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her in the same way it treats any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees.

It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Pregnant employees may have additional rights under the Family and Medical Leave Act (FMLA).

An employer may not fire, demote, harass or otherwise “retaliate” against an individual for making a claim for unpaid overtime wages or for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disability, as well as wage differences between men and women performing substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding.

Additionally, other laws such as the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA) protect individuals from coercion, intimidation, threat, harassment, or interference in the exercise of their own rights or their encouragement of someone else’s exercise of rights granted by those laws.

Also, it is illegal for an employer to retaliate against an employee for filing a workers compensation claim, or for refusing to perform an illegal act, or for reporting illegal activity as a whistleblower. Many other laws protect employees from retaliation. Employers who unlawfully retaliate against an employee may be liable for lost wages, compensatory damages, punitive damages, and attorney’s fees.

If a person believes that they have been discriminated against in the workplace, they have every right to file an official complaint and begin the litigation process. To receive protection from the laws governed by the Equal Employment Opportunity Commission, a person must first file a charge of discrimination with the EEOC within 180 days of the incident. This petition will notify the EEOC of the person’s discrimination concern and launch an official investigation against the employer.

If no violation is found during the investigation, the petitioner will be granted a Notice of Right to Sue. This notice expresses that the EEOC failed to find any distinct violation, but the petitioner can still file a suit against their employer at their own expense and without the EEOC’s explicit support. After the Notice of Right to Sue is given the EEOC will dismiss the case from its docket.

If a violation is found during the EEOC investigation, it will attempt to reach a settlement with the employer that satisfies all parties. If an amicable settlement cannot be reached, the EEOC legal staff, and in some instances the Department of Justice, will decide whether to pursue a lawsuit against the employer. If the EEOC decides to not to pursue litigation, the petitioner will be granted the Notice of Right to Sue and they can choose to continue with the case at their own expense.

In many instances, the EEOC may ask that a petitioner pursue mediation as an alternative dispute resolution before an investigation is launched. The EEOC may not decide to pursue every case that is submitted in to it, but that does not mean that the petitioner does not have a valid discrimination suit. It is best to consult with an employment attorney about your case so that you can be fully informed of your legal options. Call the Leichter Law Firm PC at 1-833-OT-WAGES to learn more.