In 1964, the Civil Rights Act, signed by President Lyndon Johnson, introduced Title VII, which prohibited workplace discrimination based on religion, race, color, sex, or national origin. Over the years, discrimination laws have expanded through federal and state courts to protect employees with health conditions and disabilities from unfair treatment. To understand your legal rights as an injured worker, it’s essential to determine whether your condition qualifies as a disability.
Who Is Protected from Disability Discrimination?
Individuals are considered to have a disability if they have a mental or physical impairment that significantly limits major life activities such as seeing, hearing, walking, breathing, communicating, or learning. Covered conditions may include paralysis, epilepsy, or intellectual disabilities, but do not extend to minor, non-chronic conditions like a broken bone or the flu. Protection also applies to those with a history of impairment, such as someone who has recovered from breast cancer or bipolar disorder. These protections cover both job applicants and employees.
Know Your Rights as an Injured Worker
Anti-discrimination laws provide rights to job applicants and employees with lasting physical or mental impairments. Understanding these rights is crucial to avoiding workplace discrimination or taking legal action if necessary. Three federal laws specifically protect injured workers from disability discrimination in the workplace:
1. Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against employees with a disability, perceived disability, or association with someone who has a disability. Employers must provide reasonable accommodations to help disabled workers apply for jobs, perform job duties, or enjoy the benefits of employment. The ADA applies to private-sector companies with 15 or more employees.
2. Rehabilitation Act
Similar to the ADA, the Rehabilitation Act bans discrimination in all employment practices, including hiring, firing, promotions, training, and compensation. However, it covers federal government employees instead of private-sector workers. This protection extends to all federal agencies, regardless of employee count.
3. Family and Medical Leave Act (FMLA)
The FMLA allows employees with health issues or disabilities to take up to 12 weeks of unpaid leave per year for recovery or to care for a family member. Eligible employees are entitled to this time off without fear of losing their job.
Should You Disclose Your Disability to Your Employer?
Deciding whether to disclose your disability is a personal choice, depending on factors such as the visibility of your condition, whether you believe you’re being treated differently, or if you need an accommodation. Employers are obligated to provide accommodations or approve FMLA leave only for known disabilities. If you require adjustments to perform job duties or need time off for health-related reasons, inform your employer to ensure you’re protected under the ADA or FMLA.
What to Do if You Face Workplace Discrimination
If you experience discrimination due to a disability, you may be eligible to file a claim with the U.S. Equal Employment Opportunity Commission or your agency’s Equal Employment Opportunity office. Be mindful of filing deadlines and take prompt action.
At The Law Office of Matthew Russell can guide you through the process, advise you on what to expect, and advocate on your behalf. Start with a free consultation to review your case by calling (619) 528-9800.
FMLA Overview and Eligibility
If you find yourself needing extended time off for health reasons, the FMLA may protect you. This law guarantees eligible employees up to 12 weeks of unpaid leave each year for health recovery, bonding with a new child, or caring for a family member. Military caregiver leave allows up to 26 weeks off.
To qualify, employees must work for a company with at least 50 employees within a 75-mile radius, have been employed for at least one year, and logged a minimum of 1,250 hours in the past 12 months.
Taking FMLA Leave
Eligible employees should notify their employer 30 days in advance when possible. For unforeseen circumstances, such as an accident, provide reasonable notice. Employers must provide paperwork explaining your rights and obligations, and they may require additional documents like a medical certification.
What If Your FMLA Rights Are Violated?
You have the right to return to your previous position or an equivalent role. If your employer denies your leave request or refuses to reinstate your job, you can file a lawsuit to protect your rights.