Disability Discrimination Lawyers In Atlanta

Disability discrimination happens when an employer treats a qualified person poorly due to a physical or mental impairment. In Georgia, the federal Americans with Disabilities Act (ADA) protects employees. State law also shields workers through the Georgia Equal Employment for Persons with Disabilities Code. This code covers any company with at least 15 staff members.

You have the right to be judged on your skills and performance. This applies to job applicants and long-term employees alike. Your medical condition should not define your career.

At The Kirby G. Smith Law Firm, LLC, we offer a direct approach to disability discrimination cases. We know that talking about a medical condition with an employer is difficult. We provide honest advice to help you choose your next move. Our team explains your legal options. We show you how federal and state laws apply to your health situation.

Know Your Rights As A Disabled Worker

Atlanta workers have protection against bias related to health or physical abilities. You do not have to be wrongfully fired to file a claim against your employer for discrimination. A claim can include any action that hurts your employment, such as a pay cut, a demotion or harassment.

The law protects you if you fit into these categories:

• Actual disability: You have an impairment that limits a major life activity. This includes walking, seeing, hearing or performing manual tasks.
• Record of disability: You have a history of a disability. For example, you are in cancer remission.
• Regarded as: Your employer thinks you have a disability. This applies even if the impairment does not limit you or does not exist.
• Association: You have a relationship with someone who has a disability. This protects you from bias based on your connection to a family member or partner.

You may have a legal claim if your employer denied you a promotion or demoted you because of these factors.

Understanding Reasonable Accommodation

The ADA requires employers to provide “reasonable accommodations.” These changes help qualified workers do their essential job duties. An accommodation is a practical change to the workplace or the way you perform a job. It allows you to participate equally.

Common examples include:

• Changing work schedules for doctor visits
• Buying assistive technology or ergonomic desks
• Adding ramps or improving physical access
• Providing sign language interpreters
• Moving minor job tasks to other staff

You must notify your employer if you need a change for a medical reason. The employer must then talk with you to find a solution. This is the “interactive process.” Employers only skip this if the change causes an “undue hardship,” meaning the change is too difficult or expensive. You can find more facts on federal rules through the U.S. Equal Employment Opportunity Commission (EEOC).

Getting Support For Mental Health Disabilities

The ADA does not just apply to physical disabilities. It also provides critical support for individuals with psychiatric disabilities. Mental health conditions that may require accommodations in the workplace can include any condition that affects a worker’s task management, job performance, interactions with others and daily life.

Diagnoses that require accommodations under the ADA could include:

• Various forms of depression, including major depressive disorder
• Schizophrenia
• Anxiety-related disorders
• Personality disorders
• Bipolar disorders
• Attention-deficit hyperactivity disorder (ADHD)
• Autism spectrum disorders
• Post-traumatic stress disorder and other trauma-related conditions
• Tourette’s syndrome
• Eating disorders
• Obsessive-compulsive disorders
• Phobias that interfere with daily life or job functions

The ADA does not list qualifying mental health conditions but instead acknowledges accommodation necessity based on the impact of the condition.

Employers should not deny workers with valid mental health disorders or psychiatric disabilities reasonable accommodations or the same consideration extended to other workers. Employers should not engage in sanism, or the act of discriminating against people on the basis of their diagnosis with a mental health condition. Also known as mentalism, sanism is a form of ableism that impacts countless educated and experienced professionals.

Accommodations for Workers With Mental Health Conditions

Concerns about mental health stigma and employer retaliation may prevent workers from seeking the support they need for legitimate mental health disorders. Workers can request reasonable accommodations for their mental health disabilities, just as they can seek reasonable accommodations for physical challenges in the workplace.

Workers can request a range of accommodations to allow them to work without exacerbating the symptoms of an existing diagnosis. Working in a quiet space, modified work schedules, remote work arrangements, sick leave, changes to job responsibilities and access to food and water while working are all reasonable accommodations to request.

Professionals with mental health disorders seeking accommodations may need support understanding their rights, communicating with employers and documenting the situation. You shouldn’t let social stigma prevent you from asserting your rights. In cases where you face rejected accommodation requests or retaliation for asserting your rights, you may need the assistance of an experienced ADA attorney.

Frequently Asked Questions About Disabilities And Discrimination At Work

Understanding the specifics of disability law helps you identify when an employer has crossed a line, so we have answered some common questions below. If these answers do not address your specific situation, our attorneys can provide further clarity during a case review.

How does the ADA protect workers?

The ADA bans discrimination in hiring, pay, firing, and benefits. It requires employers to provide the tools a qualified person needs to work. A disability should not stop you from doing your job.

How do I file a complaint if I am discriminated against?

You can try to fix the issue through your company first. You may also talk to an attorney. Usually, you must file a charge with the EEOC before you can sue in federal court. These filings have strict deadlines.

When does an employer have to provide reasonable accommodations?

The duty starts when an employee asks for a change. You do not have to use the exact phrase “reasonable accommodation.” You just need to tell the employer that you need a change because of a medical condition.

Secure Your Right To Accommodations, Start With A Free Consultation

At The Kirby G. Smith Law Firm, LLC, our team helps people who work in Georgia. We want to see you treated fairly. We offer a free consultation to talk about your rights.* We can help you hold your employer accountable. Please call us at 770-892-6019 or use our contact form to request a meeting.

*While the initial consultation is free, clients may be responsible for certain court costs and out-of-pocket legal expenses depending on the specific nature of the retainer agreement.