Achieving Justice for Victims of Disability Discrimination
Living with a physical or mental disability is already difficult, but for victims of disability discrimination, this brings additional challenges. Although the Americans with Disabilities Act (ADA) is designed to protect people with disabilities from being discriminated against at work, employers do not always comply with their legal obligations. If you have a serious mental or physical medical condition that prevents you from performing the essential function of your job, your employer may be obligated to make a reasonable accommodation for you.
If you were fired, subjected to a hostile work environment or had any another negative employment action taken against you because of your disability, an experienced lawyer can help you obtain the justice you deserve. At the Law Office of Patrick Flanigan, we represent clients throughout Philadelphia and surrounding areas in Pennsylvania and New Jersey who have suffered disability discrimination in the workplace.
The Law Protects Employees with Disabilities
Attorney Patrick Flanigan works with clients who have experienced an adverse employment action or been subjected to harassment because of a physical or mental impairment. Many clients we work with have disabilities including:
- Back or extremity limitations
- Bipolar disorder
- Sleep apnea
We also represent clients who need to take time off to care for a family member with a disability. ADA protection extends to cover these employees as well.
In addition to the ADA, Pennsylvania and New Jersey state statutes and provide employees additional protection against disability-based discrimination. While there are similarities with the federal law, each state’s law has different standards regarding the reach of their protections. Attorney Flanigan is knowledgeable in both areas and will provide sound counsel regarding your potential claim.
Requesting Reasonable Accommodation
Many of the clients that we represents encounter problems in the workplace because their immediate boss or supervisor did not acknowledge their request for reasonable accommodation. This is often the result of inadequate dialogue or participation by the employer, and this failure to act may be in violation of applicable disability law.
Under the ADA, once an employee notifies his or her employer of a disability, the employer is required by law to engage in what is called an “interactive process.” The employer must work with — not against — the employee to determine the extent of disability and assess the accommodation request. What is “reasonable” accommodation is a fact-sensitive determination, but it can include such things as a bigger computer monitor, an ergonomic workstation, modified shifts or hours and modified tasks.
Experienced Disability Discrimination Lawyer Fighting on Behalf of Employees
When you work with us, we will begin by assessing your situation, explaining your rights and determining whether you have a claim under the ADA and/or applicable state law. We work hard to obtain the justice you deserve, whether in the form of a employer compliance with your accommodation request, lost wages, damages, reinstatement or any other remedy to which you are entitled.
It is critical to contact us right away if you suspect you have a disability discrimination claim. Failure to act promptly can undermine your ability to bring forward a case at all.
Take the right steps today to understand and protect your rights. Contact us onlineor call 610-628-0539 to schedule a free initial consultation to discuss your situation with an experienced ADA attorney.