If you are like most Kentucky residents, when you envision someone with a disability, you think of wheelchairs, crutches and other obvious physical challenges. However, disabilities encompass much more, and those who want to work despite their physical or mental limitations often face discrimination in the workplace.
Employers may not be willing to provide reasonable accommodations to individuals with disabilities because they do not understand that a particular condition qualifies as a disability under the Americans with Disabilities Act. Such a misunderstanding may not qualify as discrimination until an employer knowingly refuses to make such accommodations. Employers must prove that providing a reasonable accommodation would create an undue hardship.
Reasonable accommodations can range from providing an ergonomic keyboard to providing time off for a worker to attend necessary medical appointments and much more in between. The law defines numerous disabilities for which employers are required to provide reasonable accommodations, and yours may be included.
You may suffer from an injury such as disabling back pain that never fully heals or an acute injury you are expected to recover from, but you need extensive time off in order to recover. In either case, if the injury was work-related, your employer may not discriminate against you by not allowing you to take the time you need to recover. You may request leave under the Family Medical and Leave Act of 1993 (FMLA), and if your employer denies it or terminates you for requesting leave, it could constitute discrimination and a violation of the FMLA.
Workers’ Compensation And Disability Discrimination
Workers who are injured on the job may need special accommodations to help them get back to work. Not all employers are forthcoming with this kind of help. If you were injured at work, filed a workers’ compensation claim and now feel that you are not being treated properly by your employer, we may be able to help.
Get The Support You Need
You should know that these discriminatory actions by your employer violate at least one federal and/or state law. If you believe your employer is discriminating against you due to a temporary or permanent disability, it may be worth your while to schedule a free initial consultation with Kentucky Employment Lawyers at our offices here in Louisville by calling 502-791-9296 or by contacting us online.
At your appointment, an attorney will review your situation and advise you of your rights. You will also leave armed with information you need in order to preserve your right to sue should it become necessary.