Gaithersburg Disability Discrimination Lawyer
Maryland firm helps clients seeking equal access to employment opportunities
Despite laws enacted to protect employees with disabilities and millions of Americans who overcome various limitations every day, discrimination against these workers persists in Maryland and throughout the country. The Law Office of Christopher J. Smith, LLC in Gaithersburg represents clients in legal proceedings and discussions with businesses so that people with disabilities have access to the employment opportunities guaranteed to them under federal and state law. If you're being denied the chance to perform the job you're qualified for, our firm can advise you regarding potential remedies, which could include compensation and/or an order requiring your employer to take steps that allow you to work safely and comfortably.
Federal and state legal protections for workers with disabilities
Passed in 1990, the Americans with Disabilities Act (ADA) bars employment discrimination and other types of biased treatment based on an individual's disability. It is acknowledged that there are some positions that are incompatible with certain types of limitations. However, if you're capable of handling the responsibilities of a particular job, it is illegal for a company with at least 15 employees to deny you an opportunity or treat you differently. Maryland's Department of Health enforces compliance with equal access laws and uses an interactive process to determine what type of disability accommodations are reasonable and therefore required under the law.
What constitutes disability discrimination?
Disability discrimination comes in various forms. It can be very difficult to assess the reason why you didn't get a particular job. However, there might be others who were victims of the same type of mistreatment. Consulting with a qualified employment attorney can give you some insight as to whether a potential claim exists.
In some cases, employers refuse to adapt their workspace as required by the ADA. When the situation gets so bad that the employee is unable to work there anymore due to their disability, this can give rise to a wrongful termination claim, even if the worker was compelled to leave on their own rather than wait to be fired. Individuals with disabilities also face unlawful harassment on the job from supervisors and co-workers who make cruel jokes or post photos making fun of them. Our firm provides exceptional advice and advocacy to Maryland employees whose rights are being infringed upon due to a disability.
Types of accommodations required in Maryland
Specific types of accommodations that might be required for workers under federal and state law include:
- Ramps and elevators for workers who have trouble climbing stairs
- Larger computer screens and/or software to assist employees with a visual impairment
- Schedule modifications
- Changing the employee's workspace so that it is more accessible
Each situation is unique and the question as to whether a particular requested accommodation is reasonable might be highly disputed. Attorney Christopher Smith can evaluate the circumstances in your case and help you determine whether to seek the adjustments you need through negotiation or by filing a claim for relief.
Pursuing a disability discrimination claim
In Maryland, you have 300 days to file an ADA claim from the date you were victimized by discrimination due to your disability or pregnancy. The state's Department of Health often encourages the parties to negotiate a resolution that is acceptable to both parties. Should that fail, you can seek relief in a civil claim filed with the Maryland Commission on Civil Rights (MCCR) or Equal Employment Opportunity Commission (EEOC). If the applicable agency issues a Notice of Right to Sue, our firm can seek relief from the discriminatory employer.
Contact a Maryland disability discrimination lawyer to schedule a free consultation
The Law Office of Christopher J. Smith, LLC in Gaithersburg represents Maryland victims of disability discrimination. For a free consultation regarding your potential claim, please call 301-760-7460 or contact us online.
