Nashville Disability Discrimination
Do you know or suspect that your boss has cut your hours, refused to promote you, or ignored your accommodation requests because of a disability? You don’t have to accept that kind of treatment. Disability discrimination is against both federal and Tennessee law, and an experienced attorney can help you understand your legal rights.
The Employment and Commerce Law Group helps Nashville workers hold employers accountable for discriminatory practices. When you come to us for help, a disability discrimination lawyer from our firm can review your situation, explain your legal rights, and help you decide how to move forward.
Our Nashville employment lawyers have a history of winning lawsuits against companies of all sizes, including Fortune 500 corporations, insurance companies, and government entities. Let us stand up for you. Contact us today for a free consultation.
What Is Disability Discrimination in the Workplace?
Disability discrimination happens when an employer treats a qualified worker or job applicant unfairly due to a physical or mental impairment. This type of discrimination can impact anyone with a current disability, a history of a disability, or who is perceived to have a disability.
Disability discrimination can take many forms. Perhaps an employer refused to hire someone because of their medical condition. Or maybe an employee with a disability was denied a promotion despite their qualifications. It could also include firing a worker after learning about their disability or denying reasonable accommodations, such as modified schedules or adaptive equipment, that would allow a person to perform essential job duties.
Your Rights Under the ADA and Tennessee Law
Most Tennessee workers are protected against disability discrimination under both the Americans with Disabilities Act (ADA) and the Tennessee Disability Act. A workplace disability discrimination lawyer can help you assess which path offers stronger remedies for lost pay, reinstatement, or other relief under the circumstances.
Federal Protections Under the Americans With Disabilities Act (ADA)
The ADA protects U.S. workers from unfair treatment based on disability. It applies to private employers with at least 15 employees, as well as to state and local governments. Under the ADA, covered employers cannot make job-related decisions based on a worker’s disability. This includes hiring, promotion, pay, and termination decisions.
The law also gives qualified workers the right to reasonable accommodations for their disabilities. An accommodation is any change that helps a worker perform their essential job duties, such as equipment modifications or scheduling flexibility. Employers must provide these types of accommodations unless doing so would create an undue hardship for the business.
The ADA covers three groups of people:
- Those with a current physical or mental impairment that limits major life activities
- Those who have a history of such an impairment
- Those who are perceived as having a disability, even if they do not
The purpose of ADA protections is to prevent biases or assumptions about a worker’s disability from harming that worker’s career. The law also protects employees from retaliation, meaning employers cannot punish workers for requesting accommodations, reporting discrimination, or participating in investigations. Workers have the right to stand up for themselves without fear of losing their jobs or enduring other negative treatment at work.
Protections Under Tennessee Law
Tennessee disability laws protect workers from disability discrimination, too. The Tennessee Disability Act makes it illegal for public and private employers with eight or more employees to discriminate against workers based on actual or perceived physical, mental, or visual disabilities.
The Act prohibits discrimination in all parts of employment, including hiring, firing, and job conditions. However, Tennessee law does not explicitly require employers to provide reasonable accommodations for employees like the ADA does. For that reason, many workers must rely on both state and federal protections when enforcing their rights.
Workers can file complaints through the Tennessee Attorney General’s Civil Rights Enforcement Division (CRED) or the Equal Employment Opportunity Commission (EEOC), depending on which laws apply. Each agency investigates discrimination claims and can help workers resolve disputes or authorize lawsuits. If you are unsure of which regulations apply to your circumstances, an experienced workplace disability discrimination lawyer can help you determine the appropriate channel(s) to file your complaint.
Steps to Take If You Experience Disability Discrimination in Nashville
If you believe an employer has mistreated you because of a disability, you can take action to protect your rights. Here’s what to do:
- Document what happened. Write down each incident of discrimination, including dates, times, names, and what was said or done. Keep copies of any related emails or messages.
- Report the issue internally. Tell a supervisor, HR manager, or another person per your company’s internal reporting policy. Be clear about what happened and how it affected your work.
- File a charge with the proper agency. If your employer does not address the problem, you can file a discrimination charge with the EEOC, CRED, or possibly both. Pay attention to the applicable filing deadlines.
- Seek legal guidance. An attorney for disability discrimination can explain your rights under both federal and state laws. Legal advice can help you decide whether to file a charge, seek a settlement, or take your case to court.
- Take care of yourself. Employment discrimination can take a toll on your health. Reach out to trusted friends, counselors, or advocacy groups for support as you handle the process.
How a Nashville Disability Discrimination Lawyer Can Help
An attorney for disability discrimination can be a valuable asset as you explore your legal options. If you’re like many hardworking Tennesseans, you can’t just quit your job without another one lined up. However, it can be equally harmful for you to stay with an employer who is creating a hostile work environment through discriminatory practices when you deserve better.
When you come to the Employment and Commerce Law Group, you get a legal team that understands the stress and pain that discrimination causes. Our experienced attorneys chose employment law because we want to make the workplace a better place — and part of that job is standing up for victims of disability discrimination.
During your free case review, we will listen to your story, determine which state or federal laws may apply, and advise whether your claim should be filed with the Tennessee Attorney General’s Civil Rights Enforcement Division (CRED), the Equal Employment Opportunity Commission (EEOC), or both.
Next, we can help you with the filing process while opening an independent investigation. This might involve reviewing company records, speaking with witnesses, and examining communications that show how your employer handled your requests or complaints. We can also gather proof of lost pay, benefits, or other harm you suffered as a result of the discrimination.
After building a clear record of evidence, we can contact your employer or their attorney to discuss settlement options. Many disability discrimination cases are resolved through negotiation, where your lawyer works to recover compensation or other remedies without going to court. If settlement talks do not succeed, your attorney can file a formal charge or lawsuit and represent you in court.
Get Help from Our Nashville Workplace Discrimination Attorneys
If you’re facing disability discrimination due to a real or perceived disability, you have the right to speak up. Turn to the battle-tested legal team at The Employment and Commerce Law Group.
Our firm’s attorneys are dedicated professionals with a track record of six- and seven-figure verdicts and settlements for Tennessee workers. Contact us now for your free consultation with one of our Nashville disability discrimination attorneys.
