According to the “Americans with Disabilities Act of 1990,” the number of individuals with physical or mental disabilities continually increases, as the population grows. And although the society has tended to isolate them, discrimination still persists in areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services.

What is Employment Disability?

According to the federal statutory definitions contained in the United States Code, the term “individual disability” means any individual who has impairment, physically or mentally which for such individual constitutes or results in a substantial impediment to employment.

A person with employment disability has a physical, mental or emotional condition which makes him difficult to perform certain activities such as working at a job or business.

Discrimination to Employees with Disability

Persons with disabilities experience unequal treatment from their employer or co-employees.

• They are sometimes the topic of discussion of other employees.

• They at times are denied to use some of the company’s services.

• They are times when they are prohibited from using the company’s facilities and equipment.

• There are also instances when these employees are restricted and limited to contribute and participate in the activities and goings-on of the company.

• They cannot freely exercise their right to give opinion or suggestions.

• Subject to their disability is their incapacity to execute and work like other employees can do. For this reason, the management is urged to demote or terminate them from work.

• Or if they insist to retain in the company, they’re on the other hand, excluded from promotion.

You have your right

Although employees with disability experienced being discriminated while at work, mostly feel anxious of complaining against their employer or fellow workers, the fact that they would be fired from work.

However, you can probably raise a claim while retaining your job. The law says that it is illegal for an employer to discriminate employees. Any employer who does so is culpable of employment discrimination.

Defense against discrimination

This is covered under the Employment Law, which deals with employment claims such as discrimination.

So, you should not fret when you are being discriminated or deprived from work due to disability. You have your right. Once you experience this, you can file an employment discrimination claim.

Your other protections

o The Congress enacted the Employment Retirement Income Security Act (ERISA) in 1974, to oversee long and short term disability claims.

ERISA Law ensures the employees with disability that they can take full advantage of their benefits. They have the free will of exercising their rights.

With this law, you are guaranteed that your legal rights are protected.

o The Labor Law will likewise safeguard workers from unjust employers. Under the Labor Law Violation, an employer who “threatens a worker with loss of job or benefits, demoting them or impeding their job promotions and suspending business operations to discharge them is subject to appropriate penalties, once an employee filed a case before the court against them.”

Pointers to do

Employment disability is a sensitive and complex issue. It is sometimes crucial to prove the guilt of your boss. So you should remember some points to be able to win your case:

• You should always bring an employment manual with you. This will serve as your first defense since it constitutes the policies and programs of the company where you are working. Also, included in the manual are directives to prevent employment discrimination.

• You must be aware of your rights under the existing law

• You need to have witnesses or evidences to prove your claim

• You must seek expert lawyers who have years of experience in handling such issue.