Maximizing Results for Victims of Disability Discrimination Across the Entire State
Disability discrimination in the workplace is illegal. If you are an employee with a disability, you may have the right to be protected from discrimination as a member of a “protected class.” You may request that your employer make an accommodation for you if you have a disability. The failure of your employer to make an accommodation could result in having to pay damages for disability discrimination.
You may request that the employer provide certain changes to your job so that it is easier for you to perform your job. Reasonable accommodation could include things like an adjusted work schedule, a modified workstation, or a different job task. Temporary disabilities may qualify for leave under the federal or state Family Medical Leave Act (FMLA).
You should contact an attorney like Philip McGrady with experience handling disability discrimination cases because there are unique procedural requirements that must be met.
When to File a Claim Based on Disability
You have a limited time to file a claim for disability discrimination. Failure to take action within a certain amount of time may prevent you from ever being able to file your claim in court. The McGrady Law Firm can help determine the time frames, so you should not hesitate to contact the McGrady Law Firm.
No Charge for an Initial Consultation for Disability Discrimination Claims
The McGrady Law Firm does not charge for the initial consultation. Typically, disability discrimination cases are handled on a contingency fee basis, which means that you don’t pay unless your case is won.
Montana law on Disability Discrimination
To establish what lawyers call “a prima facie case of discrimination disability” you’ll need to show (1) that you have a disability, (2) that you are qualified to perform the essential functions of the job, with or without reasonable accommodation, and (3) that you suffered an adverse employment action because of your disability. Discrimination includes not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability unless the employer can demonstrate that the accommodation would cause the employer an “undue hardship” in the operation of the employer’s business. You can use what is called either direct or circumstantial evidence of discrimination to prove your case. And this is where it gets tricky for the average employees trying to represent themselves without an attorney. The employer will not make it easy to find direct evidence, and that’s where you should obtain the help of an experienced employment lawyer.