If you are being treated unfairly or find yourself worse off at work because of your disability, you may have a valid claim for discrimination. Being denied a job or promotion because of your impairment, being paid less than non-disabled coworkers doing the same or similar work, and being prevented from getting jobs or opportunities because of your impairment could all form the basis of a successful disability discrimination claim.
You may also be entitled to certain legal remedies if you were subjected to bullying, harassment, or were refused a suitable accommodations required to perform your job. A St. Louis disability discrimination lawyer at our firm could help you determine whether you have a valid case and advocate for justice on your behalf.
According to the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against eligible individuals with disabilities in work application processes, recruiting, promotion, dismissal, employee benefits, job training, conditions, and other privileges. The Missouri Human Rights Act (MHRA) also prohibits discrimination based on a workerâ€™s disability.
While the ADA and MHRA are similar, certain differences can change employers’ requirements throughout Missouri. A skilled St. Louis attorney could provide valuable insight on the differences between ADA and MHRA violations to effectively hold a business owner accountable for disability discrimination.
The ADA requires employers to make reasonable accommodations for employees with disabilities so they may perform their job duties. Business owners should engage with disabled employees through a good-faith, open process to assess an adequate and fair accommodation. An employer who fails to meet this standard could be found in violation of the ADA, even if no other adverse action is taken against the employee.
While the ADA does not explicitly define reasonable accommodations beyond those that do not place employers at a significant loss or disadvantage, common examples include:
To rectify disability discrimination in the workplace, a complaint must be filed with the Equal Employment Opportunity Commission (EEOC) or the Missouri Commission on Human Rights (MCHR). EEOC complaints must be filed within 300 days of the incident of discrimination, and MCHR claims must be filed within 180 days thereof. Filing a complaint through the EEOC grants a disabled worker the right to sue their employer in civil court.
Under RSMo Title 12 Â§213.111, St. Louis courts may grant any permanent or temporary injunction, temporary restraining order, or other order as relief, in addition to legal costs and reasonable attorneysâ€™ fees, unless the prevailing respondent is a state agency or commission. Recoverable damages would cover monetary losses, physical distress, misery, inconvenience, mental anguish, loss of enjoyment of life, and other nonmonetary losses, as well as punitive damages. It is best to enlist the help of a St. Louis disability discrimination attorney before engaging in either step.
If you believe you have been discriminated against by your employer or colleagues on the basis of your disability, donâ€™t hesitate to retain legal representation. Call our firm today and schedule a consultation with a qualified St. Louis disability discrimination lawyer.