Protecting Employees from Disability Discrimination in Minneapolis
If you face problems at work as an employee with disabilities, a pregnant woman or a worker returning from a period of medical leave or temporary disability, contact an employment law lawyer Minneapolis at Schaefer Halleen, LLC, for dependable advice about your rights and your legal options. We offer an initial consultations and we’re thoroughly committed to protecting your rights under state and federal law.
Our disability discrimination attorneys will advise you about your rights and strategic alternatives, ranging from negotiated severance to litigation in the federal courts. To learn how you can benefit from our experience with the successful resolution of disability discrimination claims, contact Schaefer Halleen, LLC for an initial consultation in Minneapolis. Contact us to discuss your case with a knowledgeable disability discrimination lawyer in Minneapolis.
The Client: Deaf female analyst
Problem: After years of outstanding performance, client was transferred to a different branch/location. However, her new management was hostile to her due to client’s need for significant accommodations, such as an ASL interpreter and a Cap-Tel phone. The new management ultimately refused to implement the same accommodations client had previously received, making it impossible for client to perform job effectively. Client sought to return to her old position, but was rebuffed.
Approach: Pre-litigation negotiation – drafted lawsuit but gave employer the opportunity to come to table before filing.
Solution: Negotiation resulting in offer by employer to return to old position, which client ultimately turned down in favor of a substantial severance package which allowed her to transition to a more trustworthy employer.
Parental Leave Rights Attorney Minneapolis
Our lawyers handle the full range of disability discrimination claims that can arise in the Minneapolis-St. Paul area, Greater Minnesota or the Upper Midwest. While most cases are resolved on an individual basis, Schaefer Halleen, LLC, has the depth of experience and resources to take on employment class action litigation whenever there appears to be a pattern of disability discrimination at a particular company.
These are some examples of the claims we handle on behalf of employee clients:
- Failure to make reasonable accommodation for a worker’s disabilities as required by the ADA
- Discrimination in hiring, promotion or compensation on the basis of a disability
- Discrimination based on a perceived disability
- Discrimination against pregnant women
- Discrimination or retaliation for taking advantage of protected medical or family leave rights under the FMLA
- Discriminatory practices in layoffs or downsizing decisions
- Retaliation or other adverse employer action for filing a workers’ compensation claim
- Termination, demotion or adverse changes in working conditions after returning from disability or maternity leave
FAQs About Disability Discrimination in Minnesota
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. When it was originally passed, the ADA’s language implied that most temporary disabilities would not be covered. Since then, the ADA has been amended to relax this language, allowing for coverage of some temporary disabilities. It is determined on a case-by-case basis.
The laws covering whether you can be fired while you’re on leave recovering from an illness or injury are complicated. First, it depends on the type of leave you’re taking. Second, you could still be laid off due to business necessity or fired due to unrelated performance issues, even if you’re currently dealing with a disability. If you feel you were fired because of your disability, contact an employment discrimination lawyer in Minneapolis to learn more.
According to the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. The ADA also protects you if you have a history of such a disability, or if an employer believes that you have a disability, even if you don’t. You must also be qualified to perform the essential functions or duties of the job, with or without reasonable accommodations, in order to be protected by the ADA.
The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies, labor organizations, and federal sector employees. Small businesses are not covered by the ADA, and are not required to provide accommodations that would be seen as an “undue hardship” on the business.
A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation. These qualified individuals are protected from discrimination by the ADA and must be fairly considered for the position for which they’re qualified.