Disability discrimination occurs when an employer treats a qualified employee or applicant unfavorably because he/she has a disability. Physical and mental disabilities are protected. It is also unlawful to treat a qualified employee or applicant less favorably because of a history of disability, because of the employer’s belief that the individual may have a disability, or because of the individual’s relationship with a person with a disability. This means that the discriminated person may not even have to be presently disabled or even have actually ever been disabled to have protection. Likewise, a relationship with someone who is disabled is enough if adverse action is taken because of that relationship.
The law also 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”).
We have specialized in these type of cases for almost 20 years and we welcome your questions.
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