John A. Klassen, PA Minnesota Employment Law Attorney
612-217-4988 877-390-4527

Posts tagged "Disability Discrimination"

Is the ADA's prohibition on disability discrimination absolute?

Those in Minneapolis who are hunting for a job may face a long road ahead of them. Sometimes it takes many job applications and several interviews before a person lands the job they've been looking for. Those who have a disability may be fearful that they won't be hired due to their disability. However, per the Americans with Disabilities Act of 1990 (ADA), employers cannot engage in disability discrimination against qualified job applicants with a disability.

Employer has a duty to accommodate disabled worker

Ask any disabled person, and they will likely tell you that they would rather be able-bodied and not have anything slow them down. Unfortunately, there are some things in life we don't get a say in, and suffering from a disability is usually one of those things. However, a person still has to make a living wage and support him or herself, disability or not. With employment law, an employer has a duty to accommodate a disabled employee.

What is disability harassment?

Discrimination in the workplace is prohibited by many different state and federal laws. Minnesota workers cannot be discriminated against in their jobs based on their age, gender, race, religious affiliation or a number of other protected classifications. When discrimination threatens the work of a person, they may have options under the law to protect their rights.

Defining disability under the ADA

A disability can be something that a Minnesota person is born with or it may be acquired after an illness or injury. Disabilities can be physical and can manifest by problems with individuals' movement, balance, or coordination. They may also be mental and can impact how individuals think, feel, and perceive their surroundings.

Mental illness disability discrimination in the workplace

Mental health issues such as depression, anxiety, and PTSD seem to be increasing each year. Many potential employees will fail to even apply for a job because they fear being immediately turned down due to these types of conditions. What they fail to realize is that mental health conditions are covered under the same legal protections as physical health conditions. As such, it is the sole decision of a job applicant whether or not to disclose this information in a job interview, or at any time thereafter unless required for accommodations or benefit eligibility.

A disability should not be a bar to finding a job

The Americans with Disabilities Act is a broad piece of legislation that is intended to protect disabled Americans from the discriminatory practices of employers, governments, and other entities. A person who qualifies as disabled under the definition of the law may invoke its protections when another party has acted in a prohibited and illegal way. It is an unfortunate truth that disability discrimination often occurs when disabled Minnesota residents are seeking employment.

Reasonable accommodations can prevent disability discrimination

People have the right to try and earn a living and support themselves to the best of their ability. While this may be easy for some Minnesota residents, it is harder for disabled individuals to find jobs for which they are otherwise qualified. Employers may hesitate to employ someone with a disability due to their own misconceptions about their condition, and when they discriminate against someone with a disability, employers violate the Americans with Disabilities Act (ADA).

Holding employers accountable for disability discrimination

Of all the different forms of employment discrimination that people hear about in news reports - age, race and gender, for example - one form of discrimination that can "fly under the radar" is disability discrimination. Is this because disability discrimination is less common than other forms of employment discrimination? Perhaps. But, the fact remains that thousands of Americans, including many people in Minnesota, are productive parts of the workforce while living with a disability.

The ADA protects against disability discrimination

Most people probably don't think about disabilities when they think about discrimination in the workplace. These days, the news is focused on sexual harassment, in particular, along with some high-profile instances of discrimination based on race. However, it is an unfortunate reality that disability discrimination can be just as much of a problem in a workplace in Minnesota.

What can you do about disability discrimination at your job?

Most people in Minnesota hardly think twice about their morning routine before work - getting ready and commuting. But, for individuals with disabilities, these daily tasks can be a major part of any given day, even before they get to work. And, when individuals with disabilities do get to work, they should not face additional hurdles.

Defending the Civil Rights of Vulnerable People

When employers discriminate or allow harassment and retaliation to take place or continue, we are dedicated to holding them accountable for their unlawful actions.

John A. Klassen, PA
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