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Can I sue my employer for not accommodating my disability?

You may be aware that your employer must modify your workplaces and job responsibilities if you become disabled, but you may not know how far they should go to provide you with reasonable accommodations. If you feel your employer is violating your rights by not making accommodations for your disability, you may qualify to file a claim for disability discrimination.

A discrimination claim of any type is a serious matter. There are certain conditions your claim must meet to be successful. Because disability discrimination claims are complex, you should consider the following factors to avoid complications with your claim. 

Common types of workplace harassment

Sexual harassment is not the only type of harassment that is illegal in the workplace. Harassing comments or actions that are based on disability, religion, race or gender are also prohibited by law.

However, not all offensive behavior and communication rises to the level of "harassment." So, what constitutes workplace harassment?

Philadelphia employers will be banned from asking salary history

Residents of Philadelphia will no longer be required to disclose salary history on a job application or during an interview. The city is taking one step closer to decreasing the wage-gap by being the first city in the U.S. to ban employers from asking about salary history.

Hiring protections extended by the ADA

Although economic reports may indicate that the U.S. economy is on the upswing, many Americans have yet to see an increase in their bank accounts. Companies may be hiring; however, in competing with many applicants, job seekers may struggle to move past the first round in the interview process. It can be frustrating to submit resumes and complete online applications without even receiving acknowledgement of the job application submission.

In competing with others for employment, those with disabilities may feel this conflict acutely, concerned that their disabilities may bar them from receiving job offers for positions that they are qualified to fill. As a result of legislation passed in 1990, such discrimination on the basis of disability is illegal. In passing the Americans with Disabilities Act (ADA) and its subsequent amendment in 2008, the U.S. government mandated that the disabled have equal opportunities to access public transportation, employment and public accommodations and telecommunication.

Koller Law, LLC
2043 Locust Street, Suite 1B
Philadelphia, PA 19103

Phone: 215-545-8917
Fax: 215-575-0826
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