Disability Discrimination

New Hampshire Disability Discrimination Lawyer

Disability Discrimination – Disability discrimination happens frequently in New Hampshire. According to the New Hampshire Commission for Human Rights, the state agency which investigates discrimination complaints, disability discrimination is one of the most common forms of unlawful employment discrimination. In the United States, almost 19,500 complaints of disability discrimination were filed for 2008 at the Equal Employment Opportunity Commission.  Our NH disability discrimination lawyers want to successfully resolve your claim.

Disabled workers often suffer discrimination even though their disability does not prevent them from doing their job.  Unfortunately, many employers stereotype disabled employees and believe they may miss more time from work or have more health problems.

NH Discrimination Lawyers

Disability discrimination can come in many forms and our NH disability discrimination lawyers handle a variety of disability-related discrimination protection.  The Americans with Disabilities Act of 1990 prohibits employers from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees.

An individual with a disability is a person who:

  • Has a physical or mental impairment that substantially limits one or more major life activities;
  • Has a record of such an impairment; or
  • Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

  • Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
  • Job restructuring, modifying work schedules, reassignment to a vacant position;
  • Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business. Undue hardship means an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

New Hampshire Disability Discrimination Attorneys

Insurance companies and employers know our reputation for going to trial with successful results for our clients.  This gives us leverage to get you the compensation you deserve for your disability discrimination claim.

If you have been victimized by disability discrimination on the job, our NH disability discrimination lawyers have years of trial experience in successfully handling disability discrimination claims.  Contact our New Hampshire disability discrimination attorneys at Douglas, Leonard & Garvey.  Our experienced Concord employment law lawyers will represent you against your employer and the insurance company at the EEOC, NH Commission for Human Rights or in court.  If you have a NH disability discrimination claim, contact our NH employment lawyers at 1-800-240-1988 for a FREE EVALUATION or fill out our online form.

Additional Resources for New Hampshire Disability Discrimination

U.S. Equal Employment Opportunity Commission
NH Commission for Human Rights
NH Department of Employment Security
NH Department of Labor
National Employment Lawyers Association
NH Supreme Court Decision Wrongful Discharge by Justice Charles Douglas

Disability Discrimination

Why Should I Choose Douglas, Leonard & Garvey As My Disability Discrimination Lawyer

Employers and their insurance companies have experienced lawyers on their side. With our employment lawyers on your side, we level the playing field. While some employment cases settle without filing a lawsuit, you need a skilled and aggressive employment lawyer so you get fair compensation. Douglas, Leonard & Garvey has the reputation and experience of being a trial law firm. What makes our law firm different is that employers and insurance companies know that we will take a case to trial if they do not offer fair compensation. If you have an inexperienced lawyer that isn’t used to going to court, you won’t have that leverage on your side. It is that leverage or the threat of taking a case to trial that gives you an advantage in your case.

The attorneys at Douglas, Leonard & Garvey have years of trial experience in handling disability discrimination cases. Choosing the right lawyer may mean the difference between success and failure.

Posted in FAQ Categories:
Disability Discrimination

What Is Disability Discrimination?

Under the Americans With Disabilities Act of 1990, employers are prohibited from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment.

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Disability Discrimination

Is The ADA Limited By The Size Of The Employer?

Yes, The ADA covers employers with 15 or more employees.

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Disability Discrimination

What Is A Qualified Employer Applicant?

This means an individual who, with or without reasonable accommodation, can perform the essential functions of the job.

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Disability Discrimination

What Are Some Examples Of Reasonable Accommodation?

These can include but are not limited to making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring, modifying work schedules, reassignment to a vacant position; and acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials or policies and providing qualified readers or interpreters.

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Disability Discrimination

Is An Employer Required To Make All Reasonable Accommodations?

No. An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employer if it would not impose an “undue hardship” on the operation of the employer’s business. An employer is not required to expend significant money or significant difficulty taking into consideration the employer’s size, financial resources and the nature and structure of its business

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Disability Discrimination

I Cannot Meet The Quotas Imposed By My Job. Is My Employer Required To Lower Them For Me?

It all depends on the requirements of your job, but an employer is not required to low quality or production standards to make an accommodation.

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Disability Discrimination

Do I Need to Hire an Disability Lawyer?

Yes. Employers and their insurance companies have experienced lawyers on their side. Because of the different laws protecting employees’ disability rights, it is important to have an experienced employment lawyer represent you. Having a skilled and experienced lawyer representing you will level the playing field against your former employer. Many victims of illegal employment make the mistake of not consulting with an experienced employment lawyer. An employment lawyer can explain your rights, whether you have an employment case, and if so, what damages you may be entitled to receive under the law.

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Disability Discrimination

What If My Employer Retaliates Against Me For Filing A Discrimination Complaint?

It is unlawful to retaliate against a person for opposing employment practices that discriminate based on disability or filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding or litigation under state or federal sexual harassment laws.

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Disability Discrimination

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