What Are the Legal Challenges in Addressing Disability Discrimination?

Legal Challenges in Addressing Disability Discrimination

Many people with disabilities face discrimination in their everyday lives, whether in the workplace or at home. This discrimination can range from being denied a job or a service because of a disability to experiencing harassment because of a physical or mental impairment. In such cases, it is important to seek legal representation from a disability attorney in Boise who can address the issue and help you take the necessary steps to prevent future instances of discrimination.

One of the biggest obstacles that can arise in addressing disability discrimination is determining how federal and state law differs in its requirements for disabled people. For example, the Americans with Disabilities Act (ADA) and its amendments prohibit disability discrimination in employment, public accommodations and air travel but there are other laws that address housing and other aspects of daily life.

In many cases, state and local laws have stricter requirements for accommodations than the ADA. This is why it is important for employers to be familiar with the requirements of all applicable disability laws and to ensure that their policies and hiring practices are consistent with those requirements.

What Are the Legal Challenges in Addressing Disability Discrimination?

Generally, the ADA requires employers and other entities to make reasonable accommodations for qualified employees and applicants with disabilities unless doing so would create undue hardship. Examples of a reasonable accommodation may include providing a sign language interpreter, adjusting work schedules or making changes to equipment used at the job site.

However, there are certain limitations to this requirement that must be taken into consideration. For instance, if an employer can show that it would cost more than $50,000 or require extensive construction, it might be considered undue hardship to provide an accommodation for a person with a disability.

Other situations that could be deemed unreasonable include when a particular disability accommodation could put the employee at risk of injury or illness and in some cases, it could violate safety regulations set out by the ADA. For instance, providing a wheelchair ramp to an office might be seen as creating undue hardship when the office is located on a hill.

Harassment is a common form of disability law that can also be very difficult to address. For instance, a person with a visual impairment may be repeatedly sworn at or called names by coworkers at work. Such actions can create a hostile environment where the victim feels humiliated, offended and degraded.

It is critical that people with disabilities understand how to recognize signs of disability discrimination and learn about their rights and responsibilities. It is also vital that they know the best ways to seek redress for instances of discrimination or harassment. Many choose to file a complaint with the EEOC while others prefer to bring their case under state and city human rights laws, such as the New York State Human Rights Law (NYSHRL) or the New York City Human Rights Law (NYCHRL). Contact a disability lawyer for more information.

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