In today’s workforce, employees are entitled to fair treatment, regardless of their disabilities, pregnancies, or other protected conditions. Unfortunately, many employees still face discriminatory practices, particularly in the form of failure to accommodate, disability discrimination, and pregnancy discrimination. At Folkman Law, we are dedicated to fighting for the rights of employees subjected to unfair workplace treatment. Understanding these critical issues can empower you to take action if your rights have been violated.
What is Failure to Accommodate?
Failure to accommodate occurs when an employer does not provide reasonable accommodations to an employee with a disability or other qualifying condition, such as pregnancy, that limits their ability to perform job-related tasks. Under federal laws like the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA), employers must make reasonable adjustments to help employees perform their duties. These accommodations might include modified work schedules, access to focused equipment, or temporary adjustments to workload.
However, an employer is not required to provide accommodations that would impose an undue hardship on the business. What qualifies as an undue hardship can vary depending on the size and nature of the business, but in many cases, accommodations can be made with minimal disruption.
Common Examples of Failure to Accommodate:
- Refusing to provide a modified work schedule for a pregnant employee or an employee with a disability.
- Denying access to special equipment or assistive devices necessary for an employee to perform their job.
- Failing to provide breaks or time off for medical appointments related to pregnancy or a disability.
- Ignoring requests for workplace modifications such as wheelchair ramps, ergonomic workstations, or reduced physical labor.
When an employer refuses reasonable accommodations, it can create an unfair and hostile work environment. Employees facing this situation often feel powerless, but there are legal protections to ensure employers uphold their responsibilities.
Disability Discrimination in the Workplace
Disability discrimination occurs when an employer treats an employee or job applicant unfavorably because of a disability. Under the ADA, employers are prohibited from discriminating against qualified individuals with disabilities in hiring, firing, promotions, pay, and other aspects of employment. Furthermore, employers must provide reasonable accommodations for employees with disabilities unless doing so would cause undue hardship.
Disability discrimination can take many forms, from overt actions like refusing to hire someone because of a disability to more subtle actions, such as denying accommodations or creating a hostile work environment for employees with disabilities. It’s important to recognize the signs of disability discrimination and understand your legal rights if you believe you have been mistreated.
Examples of Disability Discrimination:
- Refusing to hire a qualified applicant because they have a disability.
- Firing or demoting an employee after they disclose a disability.
- Denying promotions or raises to employees because of their disability.
- Making derogatory comments or creating a hostile work environment for disabled employees.
- Retaliating against an employee who requests accommodations or files a discrimination complaint.
If you have been discriminated against because of your disability, you have the right to take legal action. The ADA provides strong protections for disabled workers, and employers who violate these laws can be held accountable. In addition to the ADA, many states have their disability discrimination laws, which may offer additional protections for employees.
Pregnancy Discrimination: Know Your Rights
Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or related medical conditions. Under the Pregnancy Discrimination Act (PDA), which is an amendment to Title VII of the Civil Rights Act of 1964, employers with 15 or more employees are prohibited from discriminating based on pregnancy in any aspect of employment, including hiring, firing, pay, promotions, and job assignments.
In addition to the PDA, the Family and Medical Leave Act (FMLA) provides eligible employees with the right to take up to 12 weeks of unpaid leave for the birth of a child, adoption, or serious medical conditions related to pregnancy. Employers must maintain the employee’s job or a similar position during this leave period.
Common Forms of Pregnancy Discrimination:
- Refusing to hire someone because they are pregnant or plan to become pregnant.
- Firing or demoting an employee due to pregnancy or a related medical condition.
- Denying promotions, pay raises, or opportunities to pregnant employees.
- Failing to provide reasonable accommodations for pregnant employees, such as lighter duties or additional breaks.
- Retaliating against an employee for requesting maternity leave or accommodations.
Pregnancy discrimination can have a devastating impact on an employee’s career and financial well-being. If you believe that you have been discriminated against due to pregnancy, childbirth, or a related condition, it’s important to seek legal counsel to protect your rights.
The Intersection of Failure to Accommodate and Discrimination
In many cases, failure to accommodate is closely linked with discrimination. For example, an employer who refuses to provide reasonable accommodations for a pregnant employee may be engaging in both pregnancy discrimination and failure to accommodate under the law. Similarly, denying accommodations for an employee with a disability can constitute disability discrimination and failure to accommodate under the ADA.
It’s important to recognize that both claims can be pursued in tandem. If you have faced discrimination or a failure to accommodate, you may be entitled to compensation for lost wages, emotional distress, and other damages.
How Folkman Law Can Help
At Folkman Law, we understand how challenging it can be to face discrimination or a failure to accommodate in the workplace. Our experienced employment law attorneys are here to help you navigate the legal process and protect your rights. Here’s how we can assist you:
- Free Consultation: We’ll begin by offering a free consultation to discuss your case and determine whether you have grounds for a lawsuit.
- Legal Strategy: Our attorneys will develop a personalized legal strategy to address your specific situation and fight for your rights.
- Representation: We will represent you in negotiations with your employer or court, ensuring you receive the compensation and justice you deserve.
- Guidance: Throughout the process, we will provide the legal guidance and support you need to make informed decisions about your case.
Conclusion
Whether you’re facing failure to accommodate, disability discrimination, or pregnancy discrimination, it’s important to understand that you have legal rights in the workplace. Employers are required by law to provide reasonable accommodations and to treat all employees fairly, regardless of their disabilities or pregnancy status. You may be entitled to compensation if your employer has violated these rights.
At Folkman Law, we are dedicated to protecting the rights of employees and ensuring that justice is served. If you believe you have been discriminated against or denied accommodations, don’t hesitate to contact us for a consultation. Together, we can help you take the necessary steps toward securing the compensation and fairness you deserve.
