challenges in proving disability discrimination
The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination. Employers, places that are open to the public such as restaurants and stores, transportation companies, and telecommunication providers are all required to follow the ADA’s requirements. It is illegal for these entities to exclude people with disabilities from their facilities or services unless it can be proven that the person’s disability is unavoidable and they are unable to avoid this activity without undue hardship on the entity.
There are several challenges to proving discrimination based on disability. A key challenge is that many forms of disability discrimination are difficult to identify. For instance, indirect discrimination is much harder to prove than direct discrimination. An example of indirect discrimination would be when an employer rejects a job applicant because they believe that the person will need too much time off work to attend to their disability, even though the applicant could do the job if reasonable adjustments were made.
An additional challenge is that some forms of disability discrimination are not directly related to a person’s disability but rather are caused by a person’s actions or attitudes about disability. For example, if someone is uncomfortable with the way that a person uses a wheelchair and feels that they are making too much noise, this can cause them to treat the person with a wheelchair as poorly as they would any other customer. This can result in the person being treated with discriminatory hostility or being excluded from activities such as team-building events.
What are the challenges in proving disability discrimination?
A third challenge is that in some cases there can be a false justification for discrimination based on disability. For instance, let’s say Mae has cancer and needs to take a lot of time off work to undergo treatment. Her manager follows the company’s procedure and gives Mae a warning for taking too much time off and decides to deny her a promotion because of this. This could be discrimination based on Mae’s cancer because the decision was made solely because of her disability, even though the company had an obligation to make reasonable adjustments to allow her to work despite her illness.
In England and Wales schools have a duty to make reasonable adjustments for disabled pupils. This means that they must consider how a person’s disability affects their ability to access the curriculum and school facilities and services, and make changes where necessary. This should be done on an individual basis, taking into account the type of disability and how it may impact a student’s abilities and needs. This should be carried out by a qualified teacher or another appropriately trained member of staff.
If you feel that you have been discriminated against on the basis of your disability law, contact Rossman Law Group to discuss your legal rights and options. Our team can provide you with a free legal consultation to determine the best way forward for your case. We can also help you file a claim with the appropriate federal agency depending on your situation. If your case is accepted, we will work tirelessly to achieve justice for you. Our goal is to ensure that you are treated with dignity and respect regardless of your level of ability or disability. Contact us today to get started. Our attorneys are experienced and dedicated to fighting for you!