Disability Discrimination
What Constitutes Disability Discrimination in Kansas and Missouri?
As a qualified employee or job applicant, regardless of disability, you deserve to be treated fairly by an employer. It is unlawful to be treated unfavorably due to any disability. Unfortunately, disability discrimination in Kansas and Missouri happens. It could be a supervisor or a co-worker creating a hostile work environment. It does not matter who is causing it; what matters is that you have been discriminated against in the workplace based on your disability. When this happens, you are entitled to take action. In some cases, you may be owed compensation.
At Koc Law LLC, our discrimination disability lawyer based in Kansas City Metropolitan Area understands the Americans with Disabilities Act (ADA) and will uphold your rights. Contact us at 816-264-1200 to schedule a Initial Free Consultation and to learn more about your legal options.
Rights for Employees with Disabilities
The United States Equal Employment Opportunity Commission (EEOC) establishes certain rights for employees and job applicants that have a disability. These rights include:
- Free from harassment. A disabled person cannot be harassed regarding their disability in the workplace by supervisors, managers, or co-workers.
- Reasonable accommodations. A person who suffers from a disability has the right to request reasonable accommodations to allow them to apply for a job, perform their job duties, or otherwise have the same benefits as other employees.
- Privacy. An employer is very limited in what they can ask an employee about in regard to their health.
- Confidentiality. With limited exceptions, any information an employee does share with an employer in regard to their health must be kept confidential.
- Free from retaliation. A person who does complain about disability discrimination, or is associated with a person who complains about disability discrimination, cannot be retaliated against.
Rights have further been established by the Americans with Disability Act (ADA), which became law in 1990. In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) became law. The ADAAA clarifies the scope and definition of disability under the ADA. These acts are designed to provide the same opportunities and rights that a typical person has in all areas of life, including employment.
Examples of Disability Discrimination in Kansas and Missouri
Disability discrimination can take various forms. Some common examples are described below.
Loss of Promotion
An employer cannot pass you over for a promotion if you have a disability or if you are close to someone with a disability. For example, an employee has a child with a disability and finds out that the reason they were not promoted is that their manager thought it would be too much responsibility for someone with a disabled family member.
This failure to promote on this basis may qualify as disability discrimination and is unlawful.
Failure to Provide Reasonable Accommodations
If an employee requires an accommodation that would be no hardship on the employer to effectively complete their job, the employer should comply with that accommodation. For example, if an employee is partially deaf and cannot hear well in a noisy environment and requests a workspace in a quieter area, the employer should provide them with a new workspace when possible.
When an employer fails to provide reasonable accommodation, a disability discrimination claim may exist.
Harassment
A disabled employee’s disability should never be the subject of office jokes or teasing. For example, an employee who is blind should never be made fun of due to their loss of vision.
Jokes, however, do not have to be specific to the employee’s disability but relevant to disabilities in general. If there’s a pattern of jokes or teasing in the office, a hostile work environment is created. As such, the employer may be liable for disability discrimination.
Whistleblowing
Employment agreements are contracts that contain terms, conditions, and consideration (income, paid time off, retirement, health insurance, etc.) the employee will receive in exchange for their work. In other words, the contract spells out what is expected of the employee in return for their wages and other benefits. These contracts do not have to be written to be enforced. When an employee is wrongfully terminated, that termination may be considered a breach of contract.
What Is a Disability?
To secure the protection of the EEOC and ADA, you must be qualified for the job and have a disability defined by the law. A disability can be established in one of three ways:
Clarity
You have a physical or mental condition, and it substantially limits a major life activity. Examples of major life activities include walking, seeing, and hearing.
Clarity
You have a history or record of a disability (mental or physical impairment) that substantially limited a major life activity, even though you do not have the disability now. An example of this type of disability is cancer––you had cancer but are now in remission.
Clarity
You are regarded as having a physical impairment, which could mean any of the following: (1) you have an impairment that does not substantially limit a major life activity; (2) you have an impairment that substantially limits a major life activity because of the way others perceive you; or (3) you have no impairment but are still treated by an entity as having one.
What Should Employees in Kansas or Missouri Do if Wrongfully Terminated?
Employees who believe they have been wrongfully terminated should take immediate action. Time is of the essence because in these types of cases, you usually have to file an administrative complaint first before a lawsuit, and the former process is very different than the latter process. Plus, the window to file an administrative complaint is a lot smaller than it is to file a lawsuit. Here are a few things you should do if you believe you have been wrongfully discharged from employment in Kansas or Missouri.
Be cautious
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Get clarification
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Document everything
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Review everything
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Hire an employment law attorney
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Remedies for Wrongful Termination
There are quite a few possible remedies available to a person who has been wrongfully discharged in Kansas or Missouri. Remedies will be dependent in part on whether you filed a complaint through federal or state agencies or through the court system. Here is an overview of the most common remedies.
Lost wages
From the time you were terminated to the time trial begins, you can seek compensation for lost wages. If you find a job during that time, compensation for lost wages will be reduced accordingly.
Injunctive relief
The court can order the employer to undertake certain acts, like reinstating you as an employee in your former position or requiring policy and procedure changes to prevent wrongful terminations in the future.
Out-of-pocket expenses
Out-of-pocket expenses include costs associated with things like medical care (e.g., therapy for harassment) or job search (e.g., fees associated with a headhunter).
Lost benefits
If you lost benefits – like paid time off, bonuses, retirement, and more – it can be compensated through economic damages.
Pain and Suffering
This type of compensation is known as non-economic and could include anything from mental anguish to a decrease in quality of life as a negative effect of the termination.
Lost future earnings
If you cannot find a position or one that pays you comparably, you can seek compensation for this loss of future earnings.
Attorneys' fees and costs
You can request reimbursement for attorneys' fees and court costs, and if you win, the court can order the employer to pay these costs.
Punitive damages
Punitive damages are designed to punish egregious or malicious behavior and to prevent the same from happening again. Not all states allow it, and most states cap the amount to be awarded. Speak to our employment lawyer at Koc Law LLC to know if you might be able to sue for punitive damages under your particular circumstances.
Koc Law LLC Is Here for You
At Koc Law LLC, we focus on Retaliation, Medical and Family Leave, Wage Law, and Disability Discrimination and we are here to listen to you and help you navigate the legal system.
