Workplace Disability Discrimination After a Medical Leave of Absence

December 5, 2011 – Discrimination against employees who have returned to work after taking a medical leave of absence often causes ongoing emotional distress and mental suffering. Unfair treatment in the workplace, after dealing with physical or mental health issues, can constitute disability discrimination. There is no black and white rule that determines if you have been the victim of disability discrimination. Particular facts of your case will decide if your rights have been violated. A knowledgeable, experienced Philadelphia disability discrimination attorney at Sidney L. Gold & Associates, P.C., can help you determine if your mistreatment at work after a medical leave of absence constitutes disability discrimination.

Disability discrimination can take many different forms. In some cases, it consists of negative comments about the disability made by managers or executives accompanied by some type of adverse employment action or decision. When an employee with a disability takes medical leave, the American Disability Act (ADA) requires that the employee be allowed to return to his or her job or an equivalent position, unless the employer can show that it would create an undue hardship to do so. While employers can always fire a disabled employee for a legitimate job-related reason, employers cannot fire them because of their disability or as a means to circumvent their legal obligations under the ADA, including the duty to provide reasonable accommodations.

Despite increased sensitivity to physical and mental disabilities, many of America’s workers find themselves to be victims of employment discrimination due to their disability. The Philadelphia employment discrimination attorneys at Sidney L. Gold & Associates, P.C., have decades of experience dealing with all types of discrimination in the workplace, including disability discrimination. If you believe that you may have been the victim of disability discrimination at work, you need an experienced Philadelphia disability discrimination lawyer who can answer all of your questions.  Call Sidney L. Gold & Associates, P.C. today to discuss your disability discrimination matter.