Knowing Your Rights: A Guide to Disability Rights

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As a disabled person, you are protected under the Americans with Disabilities Act. However, if you don’t know your disability rights, you could get discriminated against without knowing it. So, what are your rights as a disabled American?

Well, there are actually quite a few of them. Continue reading below to learn more about your rights and the laws put in place to protect you.

The Americans With Disabilities Act

The Americans with Disabilities Act (ADA) provides disability rights to disabled Americans. It restricts employers, employment agencies, labor unions, and state and local governments from discriminating against individuals with disabilities.

The ADA shields both employees and perspective employees from discrimination. For instance, there can’t be discrimination against a disabled person regarding a job application, privileges of employment, promotions, compensation, hiring, or firing.

What Defines a Disability?

The ADA defines disability as any impairment that hinders day-to-day life activities and tasks. Things like walking, speaking, sleeping, eating, reading, and learning are all areas affected by disability. In addition to that, individuals who have trouble concentrating thinking, and working fall into this category.

The ADA also incorporates hindrance of major bodily functions as a disability. When a person’s immune system, bladder, digestive system, brain, respiratory system, and other significant bodily functions aren’t operating properly, they tooclassify as disabled.

Examples of Discrimination

There are many ways in which an institution can discriminate against a disabled person, such as:

Lower Wages

It is against your disability rights for an employee to pay you less because of your impairment. Your wage should be the same as other employees performing the same job. Paying you a lower wage is a violation.

Retaliation

Termination and demotion are just two of the ways in which an employer can retaliate against a disabled person. This too is a violation of your disability rights. If an employer responds in this manner because you asked for accommodations for your impairment, it’s against the law.

Withholding Health Coverage

An employer must not refuse health coverage because of a disability. This is especially true if medical insurance is offered to other employees. If this happens, it’s discrimination.

File a Discrimination Complaint

If you believe you’ve been discriminated against, you have the right to file a complaint. Contact your local or state employment rights office. Just remember, each state has its own anti-discrimination laws.

You can also file a lawsuit if you are the victim of discrimination or harassment. To file a lawsuit, reach out to the US Equal Employment Opportunity Commission (EEOC).

In addition to filing with the EEOC, find a local firm to obtain legal representation.

Understanding Your Disability Rights

As you can see, you have many disability rights as an American citizen. Although you’re disabled, there are laws in place designed to protect you and ensure that you are treated fairly.

Did you learn anything from this article? If you did, feel free to continue browsing our website for more informative content.