Many employees have the right to work free from discrimination based on disability. This applies to all aspects of employment such as compensation, promotions, work conditions, and terminations.
Examples of Discrimination
- Unfavorable treatment due to a current or prior disability
- Failing to promote due to caring for a disabled family member
- Harassment due to a disability
- Giving negative job references due to a disability
- Withdrawing a job offer upon receiving notice of a disability
- Failing to reasonably accommodate a disability
- Requesting a medical exam (unrelated to job) before making job offer
- Failing to hire because of a disability
- Using a company policy to put a disabled individual at a disadvantage
- Issuing an unfair performance evaluation due to a disability
Harassment
Many employers are also prohibited from harassing employees due to a disability. Harassment is unwelcome treatment that is severe or frequent enough to alter work conditions and create a demeaning atmosphere.
Examples of Harassment
- Isolation, exclusion, or work interference
- Undermining authority or span of control
- Humiliation
- Threats
- Slurs or name-calling
- Sharing derogatory or inappropriate images
- Inappropriate jokes or gestures
- Other mistreatment
Retaliation
Many employers are further prohibited from penalizing employees for complaining about or opposing discrimination against themselves or others. For more information, see Retaliation page.
Disability Accommodation
Some employers are required to make a reasonable adjustment to a job or work environment to permit a disabled employee to perform the essential functions of the job.
Examples of Accommodation
- Modifying a work schedule or job task
- Permitting an employee to leave work for medical treatment
- Breaks for a diabetic employee to monitor and maintain blood sugar levels
- Making a workstation accessible to an employee confined to a wheelchair
- Providing a handicapped-accessible bathroom or entrance ramp
- Reassigning a disabled employee to a vacant position
- Acquiring or modifying equipment or devices
Protect your Rights
Protect your Rights
The law sets firm deadlines for reporting discrimination, harassment, and retaliation. For more information, see article on Disability Discrimination.
If you’ve been subjected to discrimination, contact Rich Daugherty. Whether your employment has been wrongfully terminated, you’re in fear of losing your job unlawfully, or you’re stuck in an untenable situation, contact Rich.
In addition to litigating cases, Rich negotiates confidential severance agreements and executive exit agreements favorable to his clients.
Rich offers a one-on-one relationship with his clients. He will stand by your side every step of the way to resolve your case fairly.
Rich represents clients from across North Carolina, including Raleigh, Durham, Wilmington, Greensboro, Winston-Salem, Charlotte, and more. He is available to meet with prospective clients outside of Chapel Hill when circumstances permit. Evening appointments are also available.