Des Moines Disability Discrimination Lawyers
Employment Representation in Iowa & Minnesota
Both federal and state laws protect against discrimination based on a disability. A disability is any physical or mental impairment substantially limiting major life activities. These activities include walking, seeing, hearing, breathing, learning, working, or the ability to perform manual tasks.
Usually, employers provide accommodations for employees with disabilities. However, if the employer will not provide accommodations or you miss out on employment opportunities because of your disability, you may have a claim for disability discrimination.
If you have experienced disability discrimination in Iowa or Minnesota, Newkirk Zwagerman, P.L.C. is here to help. With decades of combined experience exclusively representing employees, our attorneys are passionate about fighting for your rights and making your voice heard.
Our employee-only advocacy means having a dedicated partner by your side. We take a personalized approach to every case, crafting strategies tailored to your unique situation.
Discuss the details of your case with a Des Moines disability discrimination attorney at Newkirk Zwagerman, P.L.C. in a free virtual or in-person consultation. Contact us at (515) 497-9409 for assistance.
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Laws That Protect You Against Disability Discrimination
The laws protecting employees from workplace disability discrimination include:
- The Americans with Disabilities Act (ADA): This federal law prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, and telecommunications.
- Iowa Civil Rights Act: This state law prohibits discrimination based on disability, among other protected characteristics.
- The Minnesota Human Rights Act (MHRA): This act protects individuals in Minnesota from discrimination based on disability in various areas, including employment, housing, public accommodations, and education.
What Is Protected under Disability Discrimination?
When most people think about a disability, they may picture someone in a wheelchair or with some other type of visible physical impairment. However, laws protecting against disability discrimination cover much more than disabilities that can be seen.
For example:
- Non-visible conditions such as multiple sclerosis, lupus, or diabetes usually fall under protected disabilities so long as they interfere with a significant life activity.
- Mental health conditions can also be covered under disability discrimination; severe depression, anxiety, and other mental health illnesses could be grounds for seeking accommodations from your employer.
What Are Reasonable Accommodations under Disability Discrimination Law?
Under the law, employers must make reasonable accommodations or adjustments to a job or work environment that enables employees with disabilities to perform essential job functions.
Examples of reasonable accommodations can include:
- Modifying work schedules: Allowing flexible work hours or telecommuting.
- Making physical modifications to the workplace: Providing assistive devices or modifying workstations.
- Providing job training and reassignment: Offering training or reassigning an employee to a different position.
- Relieving an employee of marginal job functions: Excluding non-essential job duties.
Employers are not required to provide accommodations that would pose an undue hardship on the employer. However, they must make reasonable efforts to accommodate employees with disabilities.
Examples of Disability Discrimination in the Workplace
Disability discrimination can manifest in many ways, such as:
- Hiring: Refusing to hire a qualified individual with a disability.
- Firing or layoffs: Terminating or laying off employees because of their disability.
- Promotion or job assignment: Denying promotions or desirable job assignments to employees with disabilities.
- Harassment and hostile work environment: Creating a hostile work environment for employees with disabilities through bullying, intimidation, or offensive remarks.
- Failure to provide reasonable accommodations: Refusing to make reasonable accommodations to allow an employee with a disability to perform their job duties.
If you believe you have suffered disability discrimination, discuss your situation with one of our Des Moines disability discrimination attorneys to determine whether you have a case. We offer free initial consultations to help you understand this issue and take legal action when needed.
Call Newkirk Zwagerman, P.L.C. at (515) 497-9409 or complete our online contact form for legal guidance today.
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