disability discrimination Lawyers philadelphia
Working people are protected against discrimination and harassment on the basis of an actual or perceived disability. We have represented many disabled people in achieving compensation and job protection when they have been treated unlawfully. Employment lawyers at Galfand Berger are here to help you and protect you from disability discrimination and harassment.
If you feel as though you or a loved one has been discriminated against based on a disability, here are some questions that you may have:
What disabilities does the law protect?
You are considered disabled if you have a condition which limits one or more major life activities. This means that you have a condition or a disability if it is difficult to engage in a major life activity such as breathing, seeing, walking, caring for yourself, working, social activities, reading, eating, digesting, hearing, speaking or any other activity which is essential to daily living.
Disabilities can be physical or mental, such as developmental disorders, organic brain syndrome, emotional or mental illness or specific learning disabilities, which limit a major life activity. This could be the result of disabilities that are apparent, such as being in a wheelchair, using a cane, being disfigured or having an amputation. Or, they could be subtler, such as a heart problem, breathing difficulties, depression, anxiety and any other disorders that affect any daily life activity. To be considered a disabling condition, a disability or limitation must be, or be perceived, as long-standing or permanent (an exception to this are pregnancy-related disabilities, which are covered under a separate law).
If you suffer from a temporary disability, you may be entitled to leave under the Family and Medical Leave Act (FMLA); therefore, if your claim does not meet the criteria for disability discrimination, you may still have protection under the FMLA.
What are my legal rights?
If you are otherwise qualified for your job and can — by qualification, education, training, etc. — perform the essential job functions with or without an accommodation, you must be treated equally with all other applicants and employees. The essential job functions are the core job functions that the position requires.