We all thought 2020 was an eventful year but it turns out that was just the start; 2021 had its fair share of surprises and noteworthy news stories. As we head into 2022, it looks we’re in for another interesting year in terms of employment law. Below are some of the potential trends, stories, and …
Virginia Disability Rights Lawyer
Virginia Disability Rights Lawyer
Disability discrimination is when an employer makes an unjust employment decision or treats an employee or applicant unfairly based on their disability or past disability. Covered disabilities can include even temporary conditions like depression, PTSD or generalized anxiety disorder. Under the law, employers are in many instances required to provide reasonable accommodations to covered employees, which may include changes to the work environment necessary for the employee to perform his or her job. For example, if someone suffers from anxiety the employer may be required to provide a quiet work environment.
If you believe that you have been discriminated against because of your disability, past disability or relationship with someone who has a disability, our Virginia disability rights lawyers can help. Spiggle Law is one of the largest firms in Virginia that focuses solely on employment law for employees. We have extensive experience and highly educated and knowledgeable employment lawyers who will work with you to protect your rights and stand up against illegal and discriminatory workplace practices.
Three Things You Can Do Right Now
- If you suspect discrimination, report it to human resources in writing and contact a Virginia disability rights attorney.
- If you find yourself holding a pink slip, call the Equal Employment Opportunity Commission. And, as always, call a Virginia discrimination rights lawyer.
- You must file a charge of discrimination with the Equal Employment Opportunity Commission within 180 days of the alleged act of disability discrimination.
Reasonable Accommodation in Virginia
A “reasonable accommodation,” as a Virginia disability rights lawyer can explain, is the change a disabled person needs to enable him or her to perform the essential functions of a job. Some examples of reasonable accommodations include time off to recover from an injury, a temporary limitation on the amount of weight a person must lift, or a change in work schedule to allow an employee to attend regular medical appointments. An employer is required to offer a qualified disabled employee a reasonable accommodation unless it would pose an “undue hardship” for the employer. An undue hardship is an action that requires “significant difficulty or expense,” when viewed in light of the cost of the accommodation in relation to the employer’s size, resources, structure, and nature.
Association of Discrimination Under the ADA
Under the ADA, an employer cannot discriminate against an employee because it believes that the employee’s relationship to a person with a disability would affect his or her job performance. That means an employer cannot discriminate against an employee whose spouse becomes disabled because it believes taking care of the disabled spouse will require an inordinate amount of leave time.
Employer Medical Examination
The law permits employers to require medical examinations if there is evidence that the accident was related to job performance or to a safety problem.
Additionally, employers cannot make any inquiries about a disability before employment begins except in limited circumstances. If the employer asks all employees in the same job category to undergo a physical examination, and if the exam is job-related and consistent with business necessity, then it is acceptable. Otherwise, the employer can only ask questions limited to whether you can perform the specific functions of the job you applied for and can ask you to explain or demonstrate how you might perform those functions.
Alcoholism in the Workplace
The Americans With Disabilities Act (ADA) considers alcoholism a disability. However, alcoholism does not excuse noncompliance with workplace policies. Therefore, if alcohol abuse leads an employee to fail to meet workplace standards of performance or behavior rules, the employer can discipline or fire that employee. Note that employees who are addicted to illegal drugs are not protected by the ADA and are not considered disabled.
Contact an Experienced Virginia Disability Rights Lawyer
If you believe that you have been discriminated against because of your disability, past disability or relationship with someone who has a disability, we can help. Spiggle Law is one of the largest firms in Virginia that focuses solely on employment law for employees. We have extensive experience and highly educated and knowledgeable Virginia disability rights lawyers who will work with you to protect your rights and stand up against illegal and discriminatory workplace practices.
On May 26, 2021, the United States experienced yet another mass shooting. This time, it occurred at the Santa Clara Valley Transportation Authority in San Jose, California. According to Gun Violence Archive, this was just one of the more than 230 mass shooting events in the United States in 2021. Unfortunately, workplace shootings are nothing …
On January 21, 2021 President Biden issued an Executive Order on Supporting the Reopening and Continuing Operation of Schools and Early Childhood Education Providers. And on February 5, Governor Northam called on Virginia schools to make in-person learning possible for students by March 15, 2021. While the final decision on whether to physically reopen schools …
Find a Job Find a Job Losing a job is stressful especially when you’ve been working for the same company for several years. Suddenly you’ve found yourself thrust into the role of a job seeker, and you aren’t sure where you should begin. If you have recently lost a job, or you’re facing the possibility …