Zanesville Employment Discrimination Attorney

Although most people know that discrimination based on race, sex, and religion is prohibited in the workplace, many are unaware that it is also possible to file a claim based on age or disability discrimination. If you have been the victim of discrimination in the workplace because of your age or disability, it is critical to retain a Zanesville employment discrimination attorney who can help you file and defend a claim.

The ADEA

A prohibition against age discrimination is not included in the general federal anti-discrimination statute. However, a separate law, known as the Age Discrimination in Employment Act (ADEA) does specifically protect those who are 40 years of age or older from discrimination. This law is enforced by the EEOC which holds employers accountable for discriminating against someone in regard to any of the following conditions of employment:

• Benefits;
• Compensation;
• Firing;
• Hiring;
• Job assignments;
• Layoffs;
• Promotions; and
• Training.

However, this is not the only federal law besides Title VII that offers protections to employees. For instance, the Americans With Disabilities Act (ADA) also specifically prohibits discrimination based on disability.

The ADA

According to the ADA, disabled individuals are those who fall under one of the following categories:

• The person has a physical or mental impairment that substantially limits one or more major life activity;
• The employee has a history of physical or mental impairment; or
• The person is generally regarded by others as having a physical or mental impairment.

As long as a person can perform the essential functions of a job (whether with or without reasonable accommodations), he or she will be protected from discrimination in certain areas of employment, including:

• Applying;
• Hiring;
• Firing;
• Advancement and promotions;
• Working conditions;
• Compensation; and
• Job training.

The ADA is a federal law, which means that it applies to employers who hire more than 15 individuals. Additionally, it applies equally to private employers, state and local governments, labor unions, federal sector employees, and employment agencies.

In addition to protecting employees from discriminatory workplace practices, federal law also requires employers to make reasonable accommodations for those with disabilities, as long as they are qualified for the job in question. Reasonable accommodations include alterations to a work environment or employment procedures that help a disabled employee fulfill the required job duties. Accommodations that have been deemed reasonable in the past include:

• Making existing facilities accessible to wheelchairs;
• Job restructuring;
• Changing work schedules;
• Purchasing or modifying equipment or devices; and
• Adjusting examinations or training materials.

However, employers do not have to make accommodations if doing so would cause undue hardship for the company. When determining whether an employer could or should have made accommodations, courts look at a series of factors, including how expensive the adjustments would have been, the size of the company, and the employer’s financial resources. Employers are never required to provide items such as hearing aids or glasses.

Contact a Zanesville Employment Discrimination Attorney Today

Please contact Marshall Forman & Schlein LLC at (614) 463-9790 to schedule a consultation with a dedicated employment attorney who can evaluate your case. We are eager to assist you immediately.