Disability Discrimination

Title I of the Americans with Disabilities Act of 1990 (“ADA”), codified at 42 U.S.C. §§12101 et. seq.,  prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.  The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules. The ADA covers employers with 15 or more employees.

·         The two major standards under the ADA prohibit employers from discrimination against qualified disabled individuals, and that reasonable accommodations must be made to perform the essential functions of the job.  The law applied a flexible standard when determining what accommodations are appropriate.

·         Employers are also prohibited from discriminating against employees the employer “regards as” disabled, solely because of that misconception.

·        The Connecticut Fair Employment Practices Act, codified at Conn. Gen. Stat. §§ 46a-60 et. seq.,  also protects employees from disability discrimination, where an employer has three of more employees.  Additionally, under Connecticut State law no Connecticut employer may be denied employment because of a present or past history of mental disorder.

·        If you want to file a claim for disability discrimination with the state, you must file a complaint with the appropriate state administrative agency within 180 days after the alleged act of discrimination.  To file a violation of the federal law, you must file a complaint with the Equal Employment Opportunity Commission (“EEOC”).   If your employer violated both state and federal law, you must timely file your complaints with the state administrative agency, which will also send a copy to the EEOC.

·        Our attorneys have extensive experience fully representing clients who have been subjected to disability discrimination in the workplace.  Our attorneys have litigated these violations extensively at state, federal and administrative forums. 
Contact our office for a complete consultation.

Content Copyright 2008 Axelrod & Associates, LLC