I recommend that, if you in any way suspect that you have been a victim of disability discrimination, you should immediately arrange for a consultation with a knowledgeable employment attorney. After reviewing the facts of your case, a seasoned attorney will be able to give you an opinion as to whether any adverse employment action was the likely result of discrimination. Prompt consultation with an attorney is extremely important due to various laws that require you to take certain action within a certain period of time after the occurrence of discrimination. Failure to act in a timely manner may result in loss of your rights to recover, even if you can prove the existence of discrimination. Also, with the passage of time, valuable evidence can be lost and the memories of witnesses may fade.
Disability discrimination can take many different forms.
It can consist of comments about the disability, made by managers or executives, accompanied by some type of adverse employment action or decision. Such action might include a failure to promote, less favorable employment conditions, disciplinary proceedings, layoff or termination. One of the keys in determining whether you have a claim under the ADA is whether the comments about the disability, the failure to make reasonable accommodation, or other discriminatory actions, in fact were the reason, or part of the reason, for the adverse employment action. An employer is not required to guess that an employee has a disability requiring accommodation. The employee must first advise the employer of his disability and make a request for a reasonable accommodation.