The Bartinik Law Firm LLC

DISABILITY DISCRIMINATION

If you are facing disability discrimination of any kind in the workplace, then you need the help of a disability discrimination rights lawyer.  If you have a disability, it is illegal for your employer to discriminate against you due to your disability, or to retaliate against you for enforcing your rights.   You have important rights under federal law, and Connecticut law.  Those rights include the right to a reasonable accommodation to allow you to work with your disability.  If you are being denied your rights, then you need the help of a Connecticut disability rights lawyer.  We can help you evaluate your rights, and the strength of your position.

It is important to know your rights, and where to find help.  You need to be proactive.  You should take steps to protect yourself before it is too late.  Unfortunately, you can’t rely on the human resource office at your company.  Their function is to protect their employer, not you.  As a result, if you believe you are victim of disability discrimination, then you need the advice of a disability discrimination rights lawyer.

WHERE DO YOUR DISABILITY DISCRIMINATION RIGHTS COME FROM?

In Connecticut, you are protected by the Connecticut Fair Employment Practices Act.

You are also protected by the federal American’s With Disabilities Act.

Lastly, if your disability is the result of an injury that occurred on the job, then you are also protected by the Connecticut Workers Compensation Act.

WHAT ARE YOUR DISABILITY PROTECTIONS IN CONNECTICUT?

Essentially, you must be treated like any other employee regardless of your disability, and you are entitled to a reasonable accommodation when necessary.  If you are looking for new work, your prospective employer cannot refuse to hire you because of your disability.  Of course, you must be capable to doing the job either with or without a reasonable accommodation.

Also, your existing employer cannot discharge you, or discriminate against you in any way due to your disability.  This means you are entitled to equal treatment in terms of wages, salary, bonus, work conditions, benefits, or other privileges of employment including a reasonable accommodation.

These rules also apply to an employment agency, and your union.

WHAT IS THE RIGHT TO REASONABLE ACCOMMODATIONS IN YOUR WORKPLACE?

What do you do when you are capable of working, but you need a little help due to your disability?  You have the right to a reasonable accommodation.   This means your employer is required to cooperate with you to make reasonable adjustments to your work requirements to allow you to work with your disability.

What is a reasonable accommodation depends on the facts of the case.  Relevant information will include the nature of your disability, the particular requirements of your job, and your needs.  No two situations will be exactly alike.   If you believe you need a reasonable accommodation, and your employer is not cooperating with you, then you should seek legal advice.

ANTI-RETALIATION RIGHTS.

Your employer cannot retaliate against you for enforcing your rights.  This includes the right to seek a reasonable accommodation.  The employer cannot fire you, or otherwise penalize you because you sought, or received the benefits to which you are entitled.   If your employer has retaliated against you, then you have the right to sue them for their retaliation.

HOW CAN YOUR DISABILITY DISCRIMINATION RIGHTS LAWYER HELP YOU?

WHERE DOES THE CLAIM START?

The Connecticut Commission on Human Rights and Opportunities (CHRO) is an administrative agency that helps to protect against disability discrimination.  They can enforce state law, or federal law in many instances.  You must file a claim with the CHRO before you are permitted to bring a lawsuit in Court.  This claim is the first step.  You must exhaust your rights in the CHRO before you can sue in Superior Court.

YOU HAVE THE RIGHT TO SUE IN THE CONNECTICUT SUPERIOR COURT.

Unfortunately, many cases do not get fully resolved by the CHRO.   As a result, many cases end up in Court.  When the administrative CHRO claim in concluded, you can file your lawsuit in the Connecticut Superior Court, or federal court for the appropriate case.

WHAT ARE YOUR REMEDIES IN A DISABILITY DISCRIMINATION CASE?

In a Connecticut lawsuit, you can sue in Court for:

  1. Lost past wages or back pay;
  2. Lost future wages or front pay;
  3. Reinstatement of your position;
  4. An order for a reasonable accommodation;
  5. Attorneys’ fees, and the cost of litigation;
  6. Emotional distress or other non-economic damages;
  7. Punitive damages.

WHERE TO FIND HELP.

Contact the Connecticut employment lawyers at The Bartinik Law Firm LLC.  If you have been fired in retaliation for exercising your rights, discriminated against due to a disability, or denied a reasonable accommodation we can help you.  We handle cases throughout Connecticut in state Court, and federal Court.  Call us at 860-445-8521 of a consultation.