Employees who are managing serious health conditions or disabilities are protected from workplace discrimination under federal law. If you’ve been treated unfairly at work because of a medical condition or disability, you have rights under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
What Do the FMLA and ADA Protect in the Workplace?
The FMLA and ADA are two important federal laws that provide protections for workers facing medical challenges or living with disabilities.
The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specific medical or family-related reasons. This includes an employee’s own serious health condition, the birth or adoption of a child, or the care of an immediate family member with a serious illness. Upon return, the employee is generally entitled to be reinstated to the same or an equivalent position.
The ADA prohibits employers from discriminating against qualified individuals with disabilities in all aspects of employment, including hiring, firing, promotions, and job assignments. It also requires employers to provide reasonable accommodations so employees with disabilities can perform their essential job functions.
Common Types of FMLA/ADA Discrimination
The FMLA and ADA are designed to create fair and inclusive workplaces. When employers ignore or violate them, employees have the right to seek accountability through a discrimination claim.
Some of the most common forms of medical and disability discrimination include:
- Retaliation for requesting leave or accommodations: Employers may not unlawfully demote, reduce hours, or terminate employees after they request FMLA leave or ADA accommodations.
- Failure to reinstate after FMLA leave: Employers may illegally refuse to return an employee to their position or a similar one after the employee has been approved for FMLA leave.
- Denial of FMLA leave: Eligible employees are sometimes incorrectly told they don’t qualify for FMLA leave or are pressured not to take it.
- Failure to provide reasonable accommodations: Under the ADA, employers must provide reasonable accommodations. Ignoring or denying reasonable requests is unlawful.
- Harassment due to disability or medical leave: Some employees face hostility or derogatory comments related to their health condition, disability, or leave status. If this harassment creates a hostile work environment, employers may be held accountable.
Even subtle forms of discrimination, such as being overlooked for promotions or receiving negative performance evaluations after disclosing a disability, may constitute illegal treatment under these laws.
What Compensation Can I Recover Through a Discrimination Claim?
If your employer has violated the FMLA or ADA, you may be entitled to significant compensation through a legal claim. Potential damages include:
- Back pay, or wages lost due to unlawful termination, demotion, or missed work opportunities
- Front pay compensation for future lost earnings if reinstatement isn’t possible
- Compensatory damages for emotional distress
- Liquidated damages
- Attorney’s fees and legal costs related to the action
Depending on the claim, you may need to file a complaint with the Equal Employment Opportunity Commission (ADA) and/or may choose to file a complaint with the Department of Labor (FMLA) before pursuing litigation.
Contact Houk Employment Attorneys Today to Arrange a Consultation With a Phoenix Workplace Discrimination Lawyer
Navigating FMLA or ADA discrimination claims can be complex. To protect your rights, you should consult with an experienced employment discrimination attorney as soon as possible
If you’ve been mistreated because of a medical condition or disability, don’t stay silent. Contact Houk Employment Attorneys today to schedule a consultation with a Phoenix workplace discrimination lawyer.
For more information, please contact the experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today.
Our employment law firm is conveniently located near you, with an office in Phoenix, AZ.
Houk Employment Attorneys
631 N 1st Ave Suite 101, Phoenix, AZ 85003
(480) 569-2377
