Are You A Victim Of Disability Discrimination?

It is an established point of law that employers may not discriminate against employees on the basis of disability. This applies to physical and mental impairments and to every stage of employment — hiring, working, promotion and termination.

But employers continue to violate this law.

Lawyers Representing Disabled Workers In Claims

Employees in Minnesota are protected by federal laws such as the Americans with Disabilities Act (ADA) and the Rehab Act. In addition, they are protected by the Minnesota Human Rights Act (MHRA). Employers may not fire or refuse to hire or promote an employee for disability or health reasons unless the disability prevents the employee from performing the essential functions of the job, with or without "reasonable accommodations."

The law protects employees who are disabled, defined as having a physical or mental impairment that substantially limits a major life activity (such as walking, talking, seeing, hearing or learning). An employee may still qualify as disabled under the law if his or her condition is episodic or in remission (such as cancer that is in remission).

The law requires an employer to provide a reasonable accommodation to an employee applicant with a disability, unless doing so would cause an undue hardship to the employer. Reasonable accommodations are changes in the work environment that help an employee with a disability perform the essential functions of the job and might include:

  • Permitting schedule adjustments caused by medical appointments
  • Allowing frequent breaks to accommodate disability-related fatigue
  • Flexibility in work hours, location, tasks or supervisors
  • Coaching an employee to do the work despite the disability
  • Providing an interpreter in sign language
  • Providing helpful software or equipment

Disability Discrimination Cases Are Never Easy

Employers can simply claim you were not doing good work. Demonstrating that discrimination occurred can be a challenge. We must show that negative decisions were made solely on the basis of your disability. Remarks made by supervisors and colleagues can be used. Instances in which your disability was mocked or complaints that your health problems are costing the company money can also be used.

But every case of disability discrimination is different. We suggest you contact our Rochester disability discrimination attorneys today at 507-218-2399 or email them using this form for a no-charge evaluation of your discrimination case.