Disability Discrimination cases are complex. The determination of whether a particular condition constitutes a disability under the law is fact intensive and made on a case by case basis. Employers who engage in disability discrimination often attempt to mask their illegal conduct by falsely claiming legitimate reasons for discharging or discriminating against disabled employees.

Once an employee asserts a disability discrimination claim, many employers have the recourses to hire large corporate law firms to defend their actions. Carroll Law Firm, SC focuses its entire legal practice on representing employees, professionals and executives. Loyalties will never be divided because the firm does not represent employers. Attorney Douglas J. Carroll, Jr., the founder and managing attorney at Carroll Law Firm, SC has the knowledge and experience to peel back the layers of management-speak and get at the truth. He has the skill and tenacity to effectively fight for justice regardless of the size and recourses of the employer or the law firm they hire.

Milwaukee Disability Discrimination Lawyer

Many employees who have medical conditions simply do not know that they are entitled to reasonable accommodations and to be free of discrimination in the workplace because of their medical conditions. This is because the laws that protect employees with medical conditions are labeled as disability discrimination laws.

Many people with medical conditions do not consider themselves to be disabled and may not wish to be labeled as disabled. This is simply a fundamental misunderstanding of the purpose of disability discrimination laws.

Disability Defined

Under the ADA (Americans with Disabilities Act) an employee is considered disabled if:
1. He or she has a physical or mental impairment that substantially limits a major life activity. Walking, talking, seeing, hearing and learning are considered major life activities;
2. He or she has a history of disability (such as cancer which is in remission); or
3. He or she is regarded or believed to have a disability by the employer.

Recent amendments to the ADA make it clear that the definition of disability shall be construed in favor of broad coverage of individuals.

The WFEA (Wisconsin Fair Employment Act) defines disability as:

1. Having a physical or mental impairment which makes achievement unusually difficult or limits the capacity to work;
2. Having a history of such an impairment; or
3. Being regarded as having such an impairment.

Wisconsin has had a broad definition of disability for quite some time. Labor and Industry Review Commission decisions confirm that conditions such as allergies, asthma, back problems, diabetes, heart conditions, high blood pressure, and headaches have been found to be disabilities under the law.

Discrimination Prohibited

Employers are prohibited from discriminating against employees with a disability, a history of disability and those who the employer regards as disabled. Disability discrimination occurs when an employer treats a qualified individual with a disability differently than other employees with respect to:

• Hiring
• Discharge
• Discipline
• Demotion
• Promotion
• Compensation
• Benefits
• Terms, conditions & privileges of employment

Reasonable Accommodations

Employers are also required to provide reasonable accommodations to disabled employees unless the accommodation would cause an undue hardship on the employer. A reasonable accommodation is an adjustment or modification to the work environment or employer policies to help a disabled employee do the job or to enjoy the benefits and privileges of employment. In Wisconsin an employer's duty to provide reasonable accommodations is quite broad. Wisconsin Courts have consistently held that it is inappropriate to conclude, as a matter of law, that any particular kind of action is not required as an accommodation under the Wisconsin Fair Employment Act. It cannot be said that a job-related responsibility (even an 'essential' one) need never be restructured or removed by way of reasonable accommodation. On the contrary, the Wisconsin Fair Employment Act should be broadly construed such that even the transfer of a worker who can no longer perform his job to another position might be a reasonable accommodation.

Applying for a Job

Many people with medical conditions, especially those that will need an accommodation feel that they must tell the employer about their condition during the interview. In fact, the opposite is true. An employer may not ask any questions that would require an applicant to reveal a disability during the hiring process. An employer may not ask medical questions, may not require a medical exam and may not ask an employee if he or she may need a reasonable accommodation during the hiring process.

However, an employer may condition employment on answering medical questions or taking a medical exam after a job offer is made but only if all new employees in the same type of job are required to answer medical questions or take a medical exam.

Additionally, an employer is obligated to provide reasonable accommodations to disabled applicants during the hiring process.

Harassment because of Disability is also illegal

The laws also protect disabled employees from being harassed in the workplace when the harassment is severe and pervasive enough to create a hostile working environment.

Be Vigilant for Retaliation At Carroll Law Firm. SC, we believe it is always best practice to contact us immediately if you believe you are the victim of disability discrimination in employment or if your employer is refusing to provide you with a reasonable accommodation because knowing your employment rights is critical to protecting yourself and your career.

However, if you choose to complain about a failure to provide a reasonable accommodation, disability discrimination or report discriminatory treatment, before contacting an attorney, be vigilant for retaliation. Your employer may not retaliate against you for reporting, opposing or complaining about a failure to accommodate or disability discrimination in the workplace. Retaliation can include but is not limited to enforcing rules more strictly, judging performance more critically and altering terms, conditions or privileges of employment such as working hours, wages, work assignments, etc.