Legal and Strategic Guidance Disability Discrimination verses At-Will Laws
Discrimination happens at work and in public and private settings. We desire to change this The ADA (Americans With Disabilities Act of 1990) and The Americans with Disabilities Act as Amended (ADAAA) in 2008, contain civil rights laws originally passed by Congress in 1990, to protect individuals with verified disabilities from discrimination in the workplace, as well as school and other social settings. In particular, when a qualified disabled employee performs his or her duties as a expected, then terminated without warning, is simply not right and it’s against the law as written by the lawmakers.
Although the written law states one thing, these laws and statutes are ignored much of time. For example, TITLE 1 ⁸employment Law cases statistics show the Courts favor Employers over Employees regardless if the Employee was discriminated. ‘At- Will’ laws state the Employer can terminate an Employee at any given time, however ADAAA statute states otherwise.
When a qualified Disabled Employee, as described by law, is terminated by the Employer, that Employer just broke the law. The Courts usually do not see it this way though. The (Ex) Employee can complain to the EEOC, the agency responsible for enforcing ADA and amended laws, but unfortunately many discrimination violations are ignored. The EEOC is understaffed to provide legal representation to most disabled employees, but they can issue a Notice of Right To Sue Letter.
From there the employee can attempt to hire a pro bono attorney because she/he may not have funds to hire an attorney. Today with the Covid- 19 virus , pro bono attorneys are difficult if not impossible to locate. If the Employee decides to pursue Disability Discrimination charges as pro se, she/he are highly likely to loose, based on our research. This is unfair and violations of due process must be examimed.
It is our believe that At-Will entitlements granted to employers must be amended to protect employees that did nothing wrong. Currently, AT-WILL LAW DEFIINITION states Employment is an employer's ability to dismiss an employee for any reason, and without warning, as long as the reason is not illegal. When an employee is acknowledged as being hired "At Will," courts usually deny the employee any claim for loss resulting from the dismissal. This is not fair and costs billions of dollars in tax payer money when those disabled employees cant find work and seek unemployment claims.
To the disabled: We provide the tools to guide you and provide a list of legal resources, or pro bono services and links specific to your cause. If you are in a bind financially, we may be able to assist on case by case basis. Please go to the Client Portal and message us to schedule a one on one discussion.
To those who want to help, we need you. Please donate to our worthy cause.
If you experienced disability discrimination, please consider sharing your story. Your privacy is guarded if you so choose. We are here to help the disabled and here to bring awareness to this ongoing problem.
