What Is Considered a Disability?
The Rehabilitation Act of 1973 applied the Americans with Disabilities Act (ADA) to federal employees.
While it does not specifically list conditions that qualify as a disability, it does categorize them into the following:
- Physiological disorders
- Neurological disorders
- Psychological disorders
- Having cancer, epilepsy or an intellectual disability can qualify as an impairment that limits a major life activity as well.
- The standard for determining whether you have a disability is whether your condition impairs or limits your ability to perform major life activities such as walking, speaking, learning, eating, hearing or seeing.
What Is Disability Discrimination?
You are the victim of disability discrimination when your employer uses your impairment to treat you in an adverse manner that is different from the treatment accorded other similarly situated employees without the impairment or disability. Having an impairment should not be an excuse to refuse to hire or promote you, pay you less money, or deny you benefits that are offered to other non-impaired workers.
It is also discrimination to be harassed, sexually or by bullying, based on your disability, whether the behavior comes from a co-worker, supervisor, a non-employee or a customer. Note that you might not have a viable complaint based only on a few incidents or on one or two casual comments. The harassing conduct must have created an offensive or hostile working environment. If you report the harassment and an adverse employment decision is based on your reporting, it also may constitute an act of disability discrimination.
Litigation, Mediation & Consulting
Our firm specializes in this area, Mr. Pines has provided numerous federal training seminars in EEO and Reasonable Accommodation to the Veterans Administration, the Army, the Library of Congress and other federal agencies. We specialize in assisting with requests for accommodation, filing informal and formal complaints and all aspects of litigation of EEO claims in federal administrative courts.
Contact the Pines Federal Law Offices: (888) 898-9902.
At Pines Federal, our federal employment attorneys focus exclusively on the rights of federal employees, federal labor unions and federal agencies. We have over 50 years of collective experience in advising and pursuing disability discrimination claims for federal employees.
The experienced legal team at Pines Federal is highly knowledgeable. Contact us at our Houston office today: (888) 898-9902.