Philadelphia Disability Discrimination and ADA Claims Lawyers
Employees with disabilities have the right to compete for jobs, perform their work, and advance in careers free from unlawful discrimination. If your employer refused to provide a reasonable accommodation, treated you unfairly because of a disability, or retaliated against you for asserting your rights, you may have legal options under federal, state, and local laws.
For more than 40 years, The Gold Law Firm P.C. has represented employees in complex employment discrimination matters throughout Pennsylvania, New Jersey, and New York. Our nationally recognized employment law practice helps clients protect their rights and hold employers accountable.
Why Choose The Gold Law Firm, P.C.?
Choosing the right attorney can make a significant difference in the outcome of your case. For over four decades, our firm has represented employees in complex workplace discrimination and civil rights matters.
Clients choose us for:
- 40+ years representing employees
- Exclusive employment law practice
- Preeminent Martindale-Hubbell recognition
- Millions recovered for clients
- 4,500+ attorney referrals
- Proven record of success
What Is Disability Discrimination?
Disability discrimination occurs when an employer treats a qualified employee or job applicant unfavorably because of a physical or mental disability, a record of a disability, or the perception that an individual has a disability. Federal, state, and local laws prohibit employers from making employment decisions based on disability rather than an individual’s qualifications or ability to perform the essential functions of the job. Disability discrimination can occur at virtually any stage of employment, including:
- Hiring and recruiting
- Promotions and advancement opportunities
- Compensation and employee benefits
- Job assignments and work responsibilities
- Training and professional development
- Performance evaluations and discipline
- Layoffs and termination
- Other terms, conditions, and privileges of employment
- Retaliation for filing a disability discrimination claim
What Is the Americans with Disabilities Act?
The Americans with Disabilities Act (ADA) is the primary federal law protecting qualified individuals with disabilities from workplace discrimination. Title I of the ADA generally applies to private employers with 15 or more employees, as well as state and local government employers, employment agencies, and labor organizations.
Protections Under the ADA:
- Qualifying physical or mental disability
- A record of a disability
- Individuals regarded as having a disability
- Qualified employees with or without a reasonable accommodation
- Equal employment opportunities free from disability discrimination
The Pennsylvania Human Relations Act (PHRA) and individual city anti-discrimination laws provide additional protections against disability discrimination that are enforced through state and local laws.
Disability Discrimination Claims in Philadelphia
In addition to federal protections under the ADA and Pennsylvania protections under the PHRA, Philadelphia employees have rights under the Philadelphia Fair Practices Ordinance, which prohibits disability discrimination in the workplace. The Philadelphia Commission on Human Relations (PCHR) investigates and enforces the city’s anti-discrimination laws.
The PCHR reviews complaints, conducts investigations, and facilitates mediation or other efforts to resolve disputes. If discrimination is proved, the Commission has the authority to pursue appropriate remedies under Philadelphia law.
What Are Reasonable Accommodations?
A reasonable accommodation is a change to the work environment or the way a job is performed that enables an employee with a disability to perform their essential job functions. Under the ADA, employers generally must provide reasonable accommodations unless doing so would create an undue hardship. Common examples include:
- Modified work schedules or more frequent break times
- Providing leave protection for medical care and treatments
- Accessible workspaces or equipment
- Assistive technology, such as larger computer screens or talk-to-text technology
- Establishing handicapped entrances to the building
- Relocating the employee to a more accessible workspace
- Job restructuring or modified duties
- Leave as a reasonable accommodation when appropriate
- Reassignment to a vacant position when required by law
The Interactive Process
When an employee requests an accommodation, both the employee and employer are expected to engage in an interactive process to identify an effective solution. This may involve reviewing medical documentation, evaluating job responsibilities, and discussing reasonable accommodations.
When an Employer Can Deny an Accommodation
Employers must provide a reasonable accommodation unless doing so would create an undue hardship, a significant difficulty or expense based on the company’s size, financial resources, and business operations. An accommodation cannot be denied simply because it is inconvenient or not the employer’s preferred approach.
What Are Common Types of Disability Discrimination?
Disability discrimination can take many forms, from obvious adverse employment actions to more subtle workplace practices that violate federal, state, or local law. Common examples include the following:
- Failure to Provide Reasonable Accommodations: Refusing to provide a reasonable accommodation or failing to engage in the interactive process.
- Failure to Hire: Refusing to hire a qualified applicant because of a disability.
- Harassment: Creating or allowing a hostile work environment based on an employee’s disability.
- Retaliation: Taking adverse action against an employee for requesting an accommodation or reporting disability discrimination.
- Unfair Practices: Denying promotions, training opportunities, benefits, or other employment opportunities based on assumptions or stereotypes rather than an employee’s qualifications and ability to perform the job.
- Wrongful Termination: Firing an employee because of a disability or after requesting a reasonable accommodation.
Not every workplace dispute rises to the level of unlawful discrimination. If you believe your employer discriminated against you because of a disability, our Philadelphia disability discrimination lawyers can evaluate the facts of your case, explain your legal options, and help you determine the best path forward.
What Happens After You File a Disability Discrimination Complaint?
Filing a complaint is often the first step in protecting your rights. Depending on the agency involved, your claim may be investigated, resolved through mediation or settlement negotiations, or proceed to litigation. If your claim is successful, you may be entitled to legal remedies such as:
- Back pay: Lost wages and benefits.
- Front pay: Compensation for future lost earnings if reinstatement is not appropriate.
- Reinstatement: Returning to your former position or a comparable role.
- Reasonable accommodations: Changes allowing you to perform your essential job functions.
- Compensatory damages: Compensation for emotional distress and other losses.
- Attorney’s fees and costs: Your employer may be ordered to pay your attorney’s fees and court costs.
Our Philadelphia disability discrimination lawyers can explain what to expect after filing a complaint, evaluate the available remedies, and pursue the outcome that best protects your rights.
How a Philadelphia Disability Lawyer Builds Your Case
For more than 40 years, The Gold Law Firm P.C. has represented employees in complex workplace discrimination matters throughout Pennsylvania. Our Philadelphia disability discrimination lawyers understand the challenges you face when discrimination affects your career, financial security, and future opportunities. When you work with our team, we can:
- Evaluate your employer’s actions for potential violations of the ADA, PHRA, and other employment laws.
- Review employment records, accommodation requests, personnel files, and other evidence.
- Determine whether your employer properly handled the interactive process.
- Represent you before the Equal Employment Opportunity Commission (EEOC), PHRC, or PCHR.
- Negotiate or litigate to protect your rights and pursue the remedies available under applicable laws.
Navigating disability discrimination laws can be challenging without experienced legal guidance. Our attorneys can explain your rights, advocate on your behalf, and work to achieve the best possible outcome for your case.
Frequently Asked Questions About Disability Discrimination and ADA Claims in Philadelphia
What is considered disability discrimination in the workplace?
Disability discrimination occurs when an employer treats a qualified employee or job applicant unfairly because of a physical or mental disability, a history of a disability, or because the employer believes the individual has a disability. Discrimination may involve hiring, firing, promotions, pay, job assignments, discipline, or other terms and conditions of employment.
Is anxiety or depression considered a disability under the Americans with Disabilities Act (ADA)?
Many physical and mental impairments may qualify for protection under federal law if they substantially limit one or more major life activities. For instance, conditions such as depression, anxiety disorders, post-traumatic stress disorder (PTSD), cancer, diabetes, epilepsy, multiple sclerosis, hearing or vision impairments, and other medical conditions may be protected depending on the individual circumstances.
What is a reasonable accommodation under the ADA?
A reasonable accommodation is a modification or adjustment that enables a qualified employee with a disability to perform the essential functions of the job or enjoy equal employment opportunities. Examples include modified work schedules, ergonomic equipment, remote work when appropriate, leave for medical treatment, reassignment to a vacant position, or changes to workplace policies.
Employers are generally required to provide reasonable accommodations unless doing so would create an undue hardship.
Can my employer retaliate against me for requesting a disability accommodation?
No. It is unlawful for an employer to retaliate against an employee for requesting a reasonable accommodation, reporting disability discrimination, participating in an investigation, or exercising rights under the ADA. Retaliation can include termination, demotion, reduced hours, unfavorable assignments, disciplinary action, or other adverse employment decisions.
Can I be fired because of my disability or while on medical leave?
Generally, no. Employers cannot terminate an employee because of a disability if the employee is qualified to perform the essential functions of the job with or without a reasonable accommodation. If your disability played a role in your termination, or if you were terminated because of a medical condition, you may have grounds for a disability discrimination claim and should speak with an attorney as soon as possible.
What should I do if my employer ignores my accommodation request?
If you need a workplace accommodation, you generally must let your employer know that you need a change at work because of a medical condition and clearly communicate that request. If your employer fails to engage in the interactive process or discriminates against you because of a disability, you should contact a Philadelphia disability discrimination lawyer as soon as you believe your rights were violated.
Can I sue my employer for denying a reasonable accommodation?
Employers must engage in an interactive process to determine whether an effective accommodation is available and cannot refuse simply because the accommodation is inconvenient or requires some effort. A request may be denied only if the employer can demonstrate that the accommodation would create an undue hardship or if the employee cannot perform the essential functions of the position even with a reasonable accommodation.
How do I prove disability discrimination in Pennsylvania?
Evidence may include emails, text messages, medical documentation, accommodation requests, witness statements, performance evaluations, disciplinary records, discriminatory comments, or proof that similarly situated employees without disabilities were treated more favorably. Keeping detailed records can be valuable if legal action becomes necessary.
Philadelphia Disability Discrimination Lawyers at The Gold Law Firm P.C. Protect the Rights of Clients with Disabilities
Disabled workers are protected from discrimination in all aspects of employment and discriminating against them is illegal. Our experienced Philadelphia disability discrimination lawyers at The Gold Law Firm P.C. fight for workers’ rights and hold employers accountable. Call 215-569-1999 or contact us online for a free consultation. We have offices in Philadelphia and Malvern, PA, Pennsauken, NJ, and New York, NY.
