Disability Discrimination Lawyer in Memphis

Understanding Your Rights Against Disability Discrimination

Donati Law, PLLC fights hard for its clients to guarantee workplace rights for individuals living with disabilities. Many laws, including the Americans with Disabilities Act (ADA), the ADA Amendment Act, the Rehabilitation Act, and other state laws prohibit discrimination on the basis of disability for qualified individuals by private and public employers. These laws also require employers to engage in an interactive process with employees to make reasonable accommodations that allow an employee to perform the essential functions necessary for the job.

The anti-discrimination provisions of these laws:

  • Protect employees from adverse actions by their employers
  • Prohibit the harassment of employees on the basis of their disabilities

Experiencing disability discrimination at work? You have rights, and we’re here to protect them. Contact us at (901) 209-5500​ for a consultation today!

What Is a Disability?

The term "disability" includes both physical and mental impairments that substantially limit activities as well as situations in which an employer regards an employee as having such an impairment.

If you believe that you are being treated differently in your employment because of a disability, or if your employer refuses to make a simple accommodation that would allow you to perform your job, speak with our Memphis employment law attorneys Donati Law, PLLC so that we may assist you in protecting your rights.

Recognizing Disability Discrimination at Work:

  • Harassments
    • They try to intimidate you
    • Jokes are made about your disability
    • They don't make accommodations for you to perform your job
    • They treat you different
  • Lack of opportunity
    • You are prevented from receiving raises or promotions

Legal Protections & Employee Rights

Your Rights Under the ADA

  • The Americans with Disabilities Act (ADA) protects employees from discrimination. Employers cannot fire, demote, or refuse to hire someone because of a disability.
  • They must also provide reasonable accommodations to help employees perform their job. If they fail to follow the law, you can file a complaint or take legal action.

Reasonable Accommodations Explained

A reasonable accommodation is a workplace adjustment that allows a disabled employee to do their job effectively.
Examples include flexible schedules, assistive technology, modified workspaces, or job duty adjustments. Employees should request accommodations in writing.
If denied, they can ask for an explanation, suggest alternatives, or seek legal help.

How to File a Disability Discrimination Complaint

  • Employees facing discrimination can file a complaint with the Equal Employment Opportunity Commission (EEOC) or a state agency.
  • First, document the discrimination by keeping emails, notes, and conversations. Next, file a complaint within 180-300 days of the incident. The EEOC may investigate, attempt mediation, or take legal action.

Employer Retaliation & Your Rights

  • Retaliation happens when an employer punishes an employee for requesting accommodations or filing a complaint.
  • Signs of retaliation include sudden poor reviews, demotions, pay cuts, or exclusion from workplace opportunities. If this happens, seek legal advice.

Common Workplace Challenges for Disabled Employees

How to Handle Disability-Based Harassment

  • Harassment includes offensive jokes, intimidation, or being excluded from work activities.

  • Report the issue to HR and document each incident. If the harassment continues, legal action may be necessary.

What to Do If Your Accommodation Request Is Denied

  • If your employer refuses an accommodation, ask for a written explanation.
    You can also propose alternative solutions. If they continue to deny your request, file a complaint with HR or the EEOC. A lawyer can help ensure your rights are protected.

Frequently Asked Questions (FAQ) About Disability Discrimination

Does the ADA protect all employees with disabilities?

  • The ADA protects employees who have a physical or mental impairment that substantially limits a major life activity. It also covers individuals who have a history of a disability or are perceived as having one, even if they don’t.

Can my employer require medical documentation for my disability?

  • Yes, but only if you request a reasonable accommodation. The employer can ask for limited medical documentation to confirm the disability and need for accommodations. They cannot ask for full medical records.

What if my employer says accommodations are too expensive?

  • Employers must provide accommodations unless they cause undue hardship—meaning significant difficulty or expense. However, many accommodations cost little or nothing. Employers should discuss alternatives instead of outright denying a request.

Can my employer reassign me to a different position because of my disability?

  • Only if you request it or if no reasonable accommodations allow you to perform your current job. Employers cannot force you into a lower-paying job simply because of your disability.

Do independent contractors have the same ADA protections?

  • No, the ADA generally applies to employees, not independent contractors. However, other laws may provide protection depending on the situation.

What should I do if my employer ignores my accommodation request?

  • Follow up in writing and ask for an update. If they continue to ignore you, escalate the issue to HR or file a complaint with the EEOC.

Can I be fired while on disability leave?

  • An employer cannot fire you just because you are on disability leave. However, if they can prove the termination is unrelated to your disability, it may be legal. If you suspect discrimination, seek legal help.

For Passionate Legal Representation, Contact Donati Law, PLLC.

For more than 35 years, our reputable law firm has been working hard to protect the rights of workers, particularly those who have discriminated against due to a disability. We can protect your rights and help you resolve your employment law issue in the most effective and timely manner possible. Should you choose to be represented by our law firm, you can feel confident in knowing you will be passionately represented, inside and outside of court.

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Denied accommodations or facing workplace retaliation? Don’t face it alone. Contact us at (901) 209-5500 and let us fight for you!