Disability Discrimination

Disability discrimination is prohibited by the Americans with Disabilities Act (the “ADA”). Under the ADA, no employer with 15 or more employees may discriminate against a person on the basis of disability. Further, employers are required to provide reasonable accommodations to disabled employees to allow them to perform the essential functions of their job.

Employees seeking to bring a charge of disability discrimination must file a charge with the United States Equal Employment Opportunity Commission (“EEOC”) within 180 days of the discriminatory action. The EEOC will investigate the charge and determine whether they are able to prove that discrimination occurred.

North Carolina public policy also prohibits disability discrimination by employers with 15 or more employees. A lawsuit filed under North Carolina public policy must be filed within three years of the discriminatory act.

What Employment Actions are Covered?

The ADA and North Carolina public policy prohibit disability discrimination in most aspects of employment, including:

  • hiring and firing;
  • compensation, assignment, or classification of employees;
  • transfer, promotion, layoff, or recall;
  • job advertisements;
  • recruiting;
  • testing;
  • use of company facilities;
  • training and apprenticeship programs;
  • fringe benefits;
  • pay, retirement plans, and disability leave; or
  • other terms and conditions of employment.

What Can Victims of Disability Discrimination Recover?

Victims of disability discrimination can recover a wide range of remedies, mostly designed to make them “whole.” These remedies include:

  • back pay;
  • hiring;
  • promotion;
  • reinstatement;
  • front pay; and
  • other remedies to make the victim “whole.”

Victims may also recover attorney’s fees, expert witness fees, court costs, and punitive damages.

Call Today

For answers to your disability discrimination questions and to set up a consultation, call a Hensel Law attorney today at (336) 218-6466.