Disability discrimination does not necessarily need to be an overt act on the part of an employer or a prospective employer to be considered a legal violation in Kentucky. Some of the ways in which employers will avoid hiring a person who is disabled is to require them to take part in a medical examination or to answer medical questions as part of the terms of employment. If this happens and there is a suspicion or evidence that it was done to avoid hiring a person who has a disability or to fire someone who has been hired, there could be the basis to file a disability discrimination lawsuit to be compensated. Having legal assistance is key to determining whether a case is viable.
The Americans with Disabilities Act provides protection to workers to stop employers from exhibiting any kind of discrimination against them during the hiring process, when they are on the job, and when dismissing them among many other aspects of work. Employers are required to provide reasonable accommodation when it does not cause undue hardship on the business.
Kentucky workers who are suffering from an illness or condition that requires various reasonable accommodations so they can do their job should be granted those accommodations without fear of not being hired or losing the job because of their issues. If they are dismissed and it is due solely to the disability or illness, they have the right to file a disability discrimination lawsuit. This is true regardless of the kind of job it is, even if it is against one of the biggest and most powerful companies in existence or a small "mom and pop" store. Having legal advice from the beginning is a critical aspect toward a successful filing.
Disabled Kentuckians have the right to work just like those who are not disabled. However, even with greater attention paid to worker rights and fairness, disability discrimination continues to be a problem. Workers who are confronted with this type of mistreatment might have a vague notion of what constitutes disability discrimination, but are not completely sure the behavior meets the criteria. They are commonly constrained by a lack of knowledge about how it can be addressed. When this is of concern, having legal assistance is vital.
Disability discrimination occurs when an employer covered by the Americans With Disabilities Act (ADA) treats a person with a disability unfavorably in any aspect of employment. The law requires fair and equal treatment of people with disabilities who are able to perform the work at hand, even if they require certain accommodations in order to do so.