Workplaces are meant to be spaces of opportunity, inclusion, and fairness. Unfortunately, discrimination still exists, including against workers with disabilities. If you're a Missouri worker with a disability or know someone who has faced unfair treatment at work, it's important to understand the laws that are on your side. Several state and federal laws are in place to protect employees and ensure equal opportunities for individuals with disabilities. Here's what you need to know about those protections and what steps to take if your rights have been violated.
Federal Protections Under the ADA
The Americans with Disabilities Act (ADA) is a federal law that protects workers across the country, including in Missouri. Under the ADA, employers with 15 or more employees cannot discriminate against qualified individuals with disabilities in any aspect of employment, such as hiring, promotions, pay, training, or termination.
What is a Disability Under the ADA?
To qualify for protection under the ADA, an individual must have a physical or mental condition that significantly limits one or more major life activities, such as walking, hearing, seeing, or thinking. The law also protects individuals who have a history of such conditions or are perceived as having them, even if they don’t currently experience limitations.
Reasonable Accommodations
Employers are required to provide “reasonable accommodations” to employees with disabilities unless doing so would pose an undue hardship (a significant difficulty or expense). Examples of reasonable accommodations include installing wheelchair ramps, modifying work schedules, or providing assistive technology like screen readers.
Missouri Employment Discrimination Law (MHRA)
On the state level, the Missouri Human Rights Act (MHRA) protects workers with disabilities alongside the ADA. Unlike the ADA, the MHRA applies to employers with as few as six employees, potentially covering more workers within the state.
Key Protections Under the MHRA:
- It prohibits discrimination based on disability in hiring, firing, promotions, training, and other employment practices.
- Like the ADA, it requires employers to provide reasonable accommodations for workers with disabilities.
- It guards against retaliation, meaning an employer cannot punish you for asserting your rights under the MHRA or ADA.
By covering smaller employers, the MHRA extends protections to individuals working in smaller businesses or industries, which can be a crucial safeguard for many Missouri workers.
Common Signs of Disability Discrimination
Disability discrimination can take many forms, and it’s not always obvious. Here are some common examples to watch for in the workplace:
- Being denied a job or promotion because of your disability.
- Offensive comments or harassment directed at your condition.
- Refusal by an employer to provide reasonable accommodations.
- Termination or demotion after disclosing a disability.
- Being excluded from work-related activities.
Steps to Take If You Face Disability Discrimination
Facing discrimination can be deeply stressful, but it's important to take action to protect your rights. Here's what you can do:
Document Everything
Keep detailed records of discriminatory incidents, including dates, times, what was said or done, and any witnesses. These records can be crucial if you file a complaint or lawsuit.
Request Accommodations in Writing
If you need reasonable accommodations, submit your request in writing and keep a copy for your records. Be specific about your needs and how they relate to your job.
Report the Discrimination
Inform your Human Resources (HR) department or supervisor about the discrimination. Many companies have internal policies for addressing such issues. File a formal complaint and keep a copy.
File a Complaint with the EEOC or MCHR
If your workplace doesn’t address the issue, you can file a complaint with external agencies.
- The Equal Employment Opportunity Commission (EEOC) enforces the ADA and handles disability discrimination claims. You typically have 300 days from the discriminatory act to file a claim.
- The Missouri Commission on Human Rights (MCHR) handles claims under state law. Missouri workers also have 180 days to file a complaint here.
Consult an Attorney
An experienced employment attorney can guide you through the process, ensure deadlines are met, and help you build a strong case.
What Compensation or Remedies Can You Seek?
If discrimination is proven, you may be entitled to various remedies, such as:
- Compensation for lost wages or benefits.
- Emotional distress damages.
- Reinstatement to your job or promotion.
- Changes to workplace policies to prevent future discrimination.
St. Louis Disability Discrimination Attorneys
Understanding the complex landscape of disability discrimination laws is essential for Missouri workers, employers, and HR professionals. By familiarizing themselves with both federal and state protections, individuals can better advocate for their rights and ensure compliance within their organizations. If you or someone you know is facing disability discrimination in St. Louis, MO, consider reaching out to Sedey Harper Westhoff for expert legal guidance and support. Our experienced attorneys are dedicated to helping you navigate the legal process and achieve the best possible outcome. Contact us today at (314) 819-0963 to learn more about how we can assist you in protecting your rights and securing the justice you deserve.