Disability Discrimination | Lawyer Explains
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- čas přidán 27. 07. 2024
- In this video, I discuss everything you need to know about disability discrimination
Website: www.HonesLaw.com
Video chapters:
0:00 intro
0:25 disclaimer/contact my firm
0:37 the law
1:35 who is protected under the law?
1:52 "disability" legal definition
2:03 additional requirements to be a "disability" under the law
2:46 what you need to prove
3:11 employer defenses
3:20 defense 1: Legitimate Nondiscriminatory Reason
4:15 defeating the Legitimate Nondiscriminatory Reason
4:40 defense 2: Essential Functions Defense
5:32 Reasonable accommodation
6:04 defense 3: Knowledge
7:05 damages: what you get if you win your case
7:16 lost wages
7:45 emotional distress
8:05 attorneys' fees
8:21 summary
8:37 contact my firm
8:43 like and subscribe
I'm disabled. You'd be shocked by how often the ADA gets violated with no consequences
Agreed
The ADA is a pretty bandaid with flashy glitter to distract us while the same abuses still exist.
I don't know how to live as a profoundly disabled woman when, in a major hospital in the US, I can be denied access to (and ridiculed for asking for) a wheelchair, access to a toilet, and feminine hygiene products for a heavy period. This happened in Albuquerque, NM, in 2024. THIS YEAR. And not a single ADA attorney I spoke with about it thinks that was a problem.
Hell yeah! I've been documenting, taking pictures and taking videos at my job because of discrimination. I'm pissed because it's affecting me doing my job.
@@careymathews5981
So sorry to hear!
Great video. Glad I found it. I have a very dear friend who lives in Olympia, WA. He had been a Washington State public school teacher for 32 years, then later retired in 2009. He's 71 years old now and had the itch to return to teaching despite being wheelchair bound due to an accident a few years ago. Over the last few months he put out over 60 public school teacher applications (to include a well-written resume/cover letter for each) across several school districts. He just had his 13th interview. And not a SINGLE job offer. He was a well respected teacher, clean background, had solid references (all past principals and teachers). The only drawback is that his teaching license had expired due to retirement but Washington State is in such need of teachers they have often been hiring those with little to no experience or license. He felt his interviews were strong and well-received. He's sharp as a tack mentally. Neither one of us can figure a legit reason besides disability and/or age for why he hasn't gotten a single job offer despite the teaching shortage. Absolutely mind-boggling -- 13 interviews and not one call to hire!
I hope the situation has resolved by now. You’re correct, they would be fortunate to get a skilled experienced teacher. Do you think the salary may be a factor? Meaning - if he returns to teaching, would they be required to put him back at the level of pay equal to his years of experience, which is considerably higher than a new teacher? I know that sometimes that exists in terms of age discrimination against teachers if they are highly experienced, particularly if districts are nitpicking over the salary placement. Still discriminatory but shrouded as cost. Or, is he looking to maintain his retirement and work part time up to the allotted amount permitted while keeping his pension monthly? In any case - I hope it worked out for him, and he sounds like he is an amazing teacher.
I lost a huge battle in trying to fight what happened to me due to my disabilities! I’m so hurt and can’t seem to get over it! Happened in 2020, filed with EEOC, hired a company to help with all the paperwork and due to the company that I hired to handle my disability case, non lawyers, when we got the RTS letter from EEOC, the man helping me told me that he would resubmit my case because there were errors in the EEOC’s decision and he felt that they may take on my case. Well, little did he know, EEOC wasn’t stopping the 90 day clock for me to find an attorney and I lost out!!! This had been very difficult for me to get over! That was a good company and I had a good retirement and benefits. I’m 65 and it’s has been hard on me.
I've learned so much about " time fuses" or "statutes of limitations". Lucky for me they keep re-lighting the fuse. One violation after the other!
It's great people put these information videos out for ppl 😍
I was fired because I had to take a leave of absence due to my PTSD. I am eagerly looking forward to the mediation scheduled for next month.
I look forward to mine too if they don't wise up and fly right! Third attempt at good faith conversation and they said "don't return until further notice" lol
Please do a video on housing discrimination by home owner associations & property owner associations against the elderly & disabled. This discrimination is everywhere across America. Also do one on autism discrimination.
I got cancer, requested 2 times special accommodation requests. The last one just 3 months ago and got terminated on Dec 18, 2023 citing budget adjustments. I think was a retaliation to my special accommodation requests.
Ask an attorney you might have a case against your employer. It's sad how companies wrong their employees and get away with it. Good luck and may your health be restored 🙏
Did you file with EEOC? You must file within 300 days from when it happened to you!
@@firewarlockfirewarlock9725
Attorneys are only interested in helping high profile cases that they know will keep them rich! Umm um! There is no help for us!
@@TheMostHighDaughter180 Yes i did. My appointment is for May with the investigator. Thanks for replying
@@williamdiaz8100
Good for you!
Supreme mechanical 😊 will see you in court soon
🤲🏾👍🏾
I have been Discriminated based on disability, race bias, and age.
So sorry to hear that. I suggest you contact an attorney.
@@edhones It is hard to get a reliable attorney to take this case if it is against a public entity. My friend is a professor at a community college and has had excellent performance evaluations, but no attorney is willing to take his case just because the school district is fully funded (taxpayers) and can afford to hire attorneys to lie for them.
@@edhonesyou are an attorney 😅
They sent me a letter saying I don't have a disability, after saying I do. I was denied, denied, approved, then denied again. My right foot hurts at the fourth metatarsal. I have to see my doctor today.
Thank you!
Thank you
I like your presentation and background... very professional!
Wish your firm was also in NYC.
My company won't let me come back now that I have been released and can fulfill the job duties now. It's because I do have an impairment on my wrist but can still do the job! The real reason is because I reported a major safety violation!
What if your termination letter says “ we don’t believe you have a disability you are now separated from the company?” Mine actually says that and I do have a disability..I have 3 implants in my stomach.
So using mobility aids would be obvious
I'm not sure which mobility aids you are talking about, so I cannot say.
my emplower terminated me because i got disabled of parkinsons desease and i can no longer work or could no longer work effeciently because og my muscle weakness stiffness rigidity tremor bad balance and gait
Had brain surgery and affected my memory 🙏🙌🙌🙏sent me back off disability and then employment sent me out and they just don’t stop 😢😢😢😢😢😢😢😢😢😢😢😢Opers should be ashamed
What about this a friend of mine worked for this company for years and ended up having a heart attack years down the road and a old boss accommodate him and new manager came in made him do a difficult job postion and he couldn’t handle it and everyone knew he had a heart condition was constantly picking on him to get his blood pressure and heart condition worse ?
That sounds like it might be a hostile work environment, but I can't say for sure without knowing more. I suggest your friend contact an attorney.
What if it was federal agency that admitted on record discrimination against their disability employees , as well as company own standards, operating, procedures, in state of georgia
Peace
Please advise on equitable remedies
Thanks in advance for your help
I was discriminated against due to a disability. Don't you have to go through eeoc? Is there a limitation on how long you have to report a disability violation?
Yes!!! 300 days of when it happened to you. Not sure why the poster doesn’t answer the questions?
METRO 180 days as well-keep in mind.
Can you cover how employers may use interference as a way to retaliate against an employee? I'd also like to know more information about the retroactive approval. I've seen issues where employers ask for FMLA..are punished for it with write ups and performance plans. Then when the FMLA is approved nearly a month later it's already to late to get their old job back or to have their write ups and performance plans removed.
Happened to me. Lots of FMLA and Ada videos out there
@@kathysue9890
Just videos but no one who’s willing to fight for you.
Fight for yourself you'd be surprised it really works
Video for immigrants facing inequality on the job please 🙏 thank you 😊
Great idea!
My lawyer had been discriminated 😭. Nobody is above the law!