Disability Discrimination – Federal Workers

If you are a federal employee with a disability, and have been treated unfairly on the job because of your disability, or if you have been wrongfully denied access to federal employment because of a physical condition covered under the Americans With Disabilities Act (the ADA), you may have a basis for seeking compensation for your losses. Federal employees and applicants are not covered by the ADA, but instead fall under the protections of the Rehabilitation Act of 1973, which provides coverage similar to the ADA.

Your Rights under the Rehabilitation Act of 1973

The provisions of the Rehabilitation Act of 1973 accord equal protection to federal workers and applicants for federal jobs. A person with a qualified disability may not be treated differently in the application process or as an employee based on the disability. The law prohibits discrimination based on actual or perceived disabilities, and provides coverage to persons related to individuals with disabilities, if they have been discriminated against because of the disability. The scope of the coverage is broad, forbidding discrimination in any aspect of employment, from hiring and firing, to pay, training, promotions, fringe benefits, job assignments and opportunities for travel or advancement.

Disability – Based Harassment

Discrimination need not be limited to the employer’s direct action. It can also be a violation of the statute for an employer to condone discriminatory conduct, or to fail to take reasonable measures to protect a disabled employee from harassment by other workers. An employer must appropriately respond to any behavior that creates a hostile environment for a disabled worker, whether it is in the form of offensive remarks, jokes, teasing, e-mails, pictures or similar communications. The harasser need not be a co-employee, but could be a client or customer of the agency.

Reasonable Accommodation

The Rehabilitation Act of 1973 also mandates that an employer provide reasonable accommodations to an applicant or employee with a disability. An employer must modify the work environment to help a disabled person either apply for a job or perform the duties of the position, unless doing so would cause an undue hardship to the employer.

Contact Uliase & Uliase

At Uliase & Uliase, we provide comprehensive representation to people who have been injured as employees of federal contractors overseas. To schedule an appointment, contact our office online or call us at (856) 310-9002. We will meet with you weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.