Skillfully Combating Disability Discrimination

If your company discriminated against you because of your disabling condition, the company is on very treacherous footing. Such discrimination is illegal, and you have the right to seek justice and fair compensation.

At the Missouri law firm of Hollingshead & Dudley, we frequently deal with companies statewide that refuse to provide reasonable accommodations to employees with disabilities. Our lawyers also handle many wrongful termination and constructive discharge cases involving disabling conditions. Unlike being fired, a "constructive discharge" occurs when the employer makes your working conditions so bad that you are forced to resign your position.

Likewise, if you were retaliated against for taking time off under the Family and Medical Leave Act (FMLA), we can assist you.

What Counts As A Disability?

Disability discrimination is a nuanced area of the law. To be considered "disabled" for the purposes of a discrimination claim, you generally must have a chronic condition (such as diabetes, not a sprained ankle) that affects at least one function of your daily life. This could be your ability to walk, your ability to stand for long periods of time, your ability to lift heavy objects, etc. Under Missouri law, a complicated pregnancy could also be categorized as a disability.

Because the law is so nuanced, don't guess as to whether your condition qualifies as a disability or not. At Hollingshead & Dudley, we have experienced attorneys that can help advise you on whether your specific condition qualifies as a disability under either federal or state law.

Seeking A Reasonable Accommodation

Once your employer realizes you have a disability, the company has a responsibility to talk with you and try to develop a reasonable accommodation. This is true whether you have a very obvious disability, such as a missing leg, or an invisible disability, such as a chronic heart condition. What counts as a reasonable accommodation depends on your particular condition. You may require a padded chair, more frequent breaks, fewer hours or a different position altogether.

If It's Available For Workers' Comp, It's Available For You

Did your company tell you that no other positions are available to you, yet you have seen the company accommodate injured individuals who had workers' compensation claims?

The U.S. Supreme Court has ruled that if an employer has positions available for one type of injury (such as an on-the-job injury that qualifies for workers' compensation), it is presumed that such positions are available for individuals with pre-existing disabilities as well.

Learn more about your rights by calling our St. Louis and Kansas City attorneys today at 314-474-7798. You can also contact us today by emailing us.

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