Erik CollinsCornerstone Law is a disability discrimination law firm serving Kansas City. If you or a loved one may have been discriminated against in the workplace because of a disability, call or message us now.
Lawyers for Disability Discrimination
We are lawyers for disability discrimination in employment. We represent individuals whose rights have been violated because of a disability.
Cases We Handle
Disability discrimination can happen in multiple ways. Here are some types of cases that we handle:
Discrimination in the workplace
Employees have the right to equal treatment in the workplace, regardless of disability. These rights apply to the entire employment process, from hiring through termination.
Our disability discrimination lawyers can represent you in an EEOC complaint, a Missouri or Kansas state complaint, and in formal litigation.
Retaliation for filing a discrimination claim
It’s against the law for an employer to retaliate against someone who files a discrimination complaint. They also can’t retaliate if you participate in an investigation or testify. Our lawyers can represent you if you are treated inappropriately because of a discrimination investigation.
Hostile work environment
One way that a person can be discriminated against at work is by being in a hostile work environment. A hostile work environment occurs when the overall work environment is harassing, unwelcoming, offensive, or abusive based on your disability. The discrimination based on you disability must be severe and pervasive. Our disability lawyers can represent you if you are facing a work environment that is hostile because of comments or conduct.
Failure to Accommodate
If you are a qualified person with a disability you have the right to request that your employer provide you with a reasonable accommodation to allow you to perform your job functions in spite of your disability. Once you request a reasonable accommodation for a qualified disability, your employer should engage in an interactive process with you to see if they are able to accommodate your disability without being an undue burden on the employer.
Discrimination in public accommodation
In addition to workers having rights in employment, the public has the right to be free of discrimination in a variety of circumstances, including government services, transportation, telecommunications and public accommodations.
Why Hire a Disability Discrimination Lawyer
- Am I a victim of disability discrimination?
- How do I report employment discrimination?
- Should my employer be providing reasonable accommodation?
- What remedies do I ask for?
- Can I receive compensation?
- How do I prove my case?
- Are there deadlines?
These are just some of the questions that a disability discrimination lawyer can assist you with. We invite you to contact Cornerstone Law for a consultation.
Examples of Disability Discrimination
Here are some examples of disability discrimination:
- A coworker makes repeated jokes about your disability. They don’t stop, even though you’ve reported it to your employer.
- Refusing to hire a person because of a disability when they can do the essential functions of the job.
- An employee takes off work for medical treatment for a medical condition that qualifies as a disability, like cancer, strokes, heart conditions, knee surgery, and terminated for being off work or because the employer is worried about insurance costs or future absences.
- A person with a disability is passed over for a promotion they qualify for.
- The employer sends several employees to a conference, but excludes the person with the disability, because they think it would be too much of a hassle.
- Reasonable accommodation is refused, like allowing a person to sit instead of standing, or reasonable modifications for accessibility.
- Being more critical of a job review than the supervisor would be otherwise.
When employment discrimination can occur
Disability discrimination can occur at any stage of employment, including:
- Recruitment
- Hiring
- Onboarding, training
- Job assignments, managing, promotion
- Performance reviews
- Termination
- Compensation, benefits, privileges of employment, opportunities
Compensation
Compensation for disability discrimination in employment may include back pay, front pay benefits, hiring, promotion, reinstatement, reasonable accommodation, garden variety emotional distress damages, other compensatory damages, punitive damages, and attorneys’ fees.
Is the accommodation I’m asking for reasonable?
It depends. Under ADA law, the plaintiff must show that the accommodation is reasonable on its face. Then, the burden shifts to the employer to show that the accommodation would be an undue hardship. U.S. Airways, Inc. v. Barnett, 535 U.S. 391 (2002). Each situation is assessed on a case-by-case basis.
Taking New Cases
If you’re a victim of employment discrimination, you have important rights! But you must act quickly. Contact Cornerstone Law to get help from a disability discrimination lawyer today.
Disability Discrimination Lawyer FAQs
Does the EEOC provide you with a lawyer?
No. The EEOC investigates disability discrimination. They may facilitate conciliation. However, they don’t represent you or give legal advice about your case. You should have your own disability discrimination lawyer. You would benefit from having a lawyer before you report to the EEOC so that the lawyer can draft your charge of discrimination and preserve evidence.
How much compensation do you get for employment discrimination?
Remedies for employment discrimination are based on the harm to the person. The goal is to put the person in the same position they would have been in if discrimination had not occurred. Each case is valued individually.
How is “disability” defined under the law?
Under the Americans with Disabilities Act (ADA), “disability” is defined as: (A) a physical or mental impairment that substantially limits one or more major life activities of an individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. Major life activities include, but are not limited to, activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Additionally, major life activities encompass the operation of major bodily functions, such as functions of the immune system, normal cell growth, and functions of the digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive systems.
Mental health conditions such as depression, bipolar disorder, post-traumatic stress disorder (PTSD), obsessive-compulsive disorder (OCD), schizophrenia, and anxiety disorders have been recognized as disabilities under the ADA when they substantially limit major life activities like thinking, concentrating, or working. For example, severe depression has been explicitly acknowledged as a qualifying impairment depending on its severity
Physical impairments that have been recognized include conditions such as epilepsy, diabetes, multiple sclerosis, muscular dystrophy, cancer, cerebral palsy, and heart disease. These conditions are considered disabilities when they substantially limit major life activities such as walking, seeing, or performing manual tasks § 1630.2 Definitions., Appendix C to Part 35 — Guidance to Revisions to ADA Title II and Title III Regulations Revising the Meaning and Interpretation of the Definition of “Disability” and Other Provisions in Order To Incorporate the Requirements of the ADA Amendments Act, Bragdon v. Abbott, 524 U.S. 624. Additionally, episodic conditions like epilepsy or conditions in remission, such as cancer, are also considered disabilities if they would substantially limit a major life activity when active Mueck v. La Grange Acquisitions, L.P., 75 F.4th 469.
Specific learning disabilities, including dyslexia and attention deficit hyperactivity disorder (ADHD), have also been recognized as disabilities under the ADA, as they can substantially limit activities like reading, learning, or concentrating Ramsay v. Nat’l Bd. of Med. Examiners, 968 F.3d 251, Weaving v. City of Hillsboro, 763 F.3d 1106.
The ADA Amendments Act of 2008 (ADAAA) broadened the scope of what constitutes a disability, emphasizing that the determination should not require extensive analysis and that impairments should be assessed in their active state or without considering mitigating measures Mueck v. La Grange Acquisitions, L.P., 75 F.4th 469, § 1630.2 Definitions.. This has led to a more inclusive interpretation of disabilities under the ADA.
When should I hire a disability discrimination lawyer?
As soon as you’re concerned about your treatment in the workplace, talk to a disability discrimination lawyer. Your lawyer can help you evaluate the situation. Having a lawyer early in the process may resolve your case more efficiently.
What law applies to employment discrimination?
The Americans with Disabilities Act (ADA) of 1990 prohibits private employers with 15 or more employees, state and local governments, labor unions, and employment agencies from discriminating because of a disability. The Equal Employment Opportunity Act of 1972 and the Rehabilitation Act of 1973 are federal laws that may also apply. In addition, the Missouri Human Rights Act (MHRA) and the Kansas Act Against Discrimination may apply to your claim.
