Las Vegas Disability Discrimination Attorney

Las Vegas Disability Discrimination Attorney

In Nevada, there are around 138,000 employees who have a form of work disability. Around 8,000 people with disabilities are unemployed, and 77,000 are not looking for work. If you have been discriminated against because of your disability in Las Vegas, it is very important that you get in contact with one of our discrimination workplace attorneys today. We understand that it could be a very traumatic experience to be discriminated against by your employer at work. A disability discrimination attorney is here to help you along the way.

Both Nevada state law and federal regulations offer crucial protections for employees with disabilities. Under these laws, no employer has the right to discriminate against an employee due to their disability. This legal framework ensures that individuals with disabilities are afforded equal treatment in the workplace, safeguarding their rights and opportunities.

Why Seek Disability Legal Counsel?

If you are a disabled employee facing discrimination or unequal treatment, it’s essential to consult with an experienced disability attorney. Our team of skilled attorneys can help you navigate the complexities of disability law and determine the best course of action to protect your rights.

Frequently Asked Disability Questions (FAQs)

Q: What laws protect disabled employees in Nevada?

A: In Nevada, the Americans with Disabilities Act (ADA) and the Nevada Revised Statutes (NRS) provide robust protections for disabled employees. These laws prohibit discrimination and require employers to make reasonable accommodations.

Q: How can I prove that my employer is discriminating against me due to my disability?

A: Proving discrimination can involve gathering evidence such as performance reviews, witness statements, and records of discriminatory actions. An experienced attorney can guide you through this process.

Q: What steps should I take if I believe my rights are being violated?

A: Contacting a disability attorney is a crucial first step. They can help you understand your legal options, gather evidence, and file a complaint if necessary.

What is a disability under Nevada law?

Under Nevada Revised Statutes 426.068, disability is defined in three key ways:

1. Physical or Mental Impairments
   Disability encompasses any physical or mental impairment that significantly restricts one or more major life activities. This definition ensures that individuals with substantial limitations due to their impairments receive necessary protections and support.
2. Historical Record of Impairments
   The statute also includes those who have a documented history of impairments. Even if the impairment is not currently affecting their life, the record of past limitations is recognized under the law.
3. Perceived Impairments
   Additionally, individuals who are perceived as having a disability, whether or not they actually have one, are covered under this definition. This aspect of the law addresses discrimination and ensures fair treatment for those who might face biases due to perceived disabilities.

Why This Definition Matters

Understanding the broad scope of this definition is crucial for ensuring that individuals who face various challenges are protected and supported. The statute aims to cover a wide range of conditions to prevent discrimination and promote inclusivity.

Frequently Asked Questions

What are “major life activities” as per the statute?
Major life activities generally include tasks such as walking, seeing, hearing, speaking, breathing, and performing manual tasks. The statute focuses on how these activities are substantially limited by the impairment.

How does this statute protect individuals with disabilities?
By acknowledging physical and mental impairments, as well as historical records and perceptions of disability, the statute provides a comprehensive framework for addressing and preventing discrimination. This ensures that individuals receive the necessary accommodations and support to participate fully in society.

Nevada does not specifically give an explicit list as to what is considered a disability. However, if you have faced any impairment that affects your everyday life, contact our attorneys today. 

 Disability Discrimination Federal Law 

Under the Americans with Disabilities Act, an employer is prohibited from discriminating against an employee simply because of their disability. This occurs when a qualified employee gets treated differently by their employer. 

When do disability discrimination protections apply during work?

Examples of Disability Discrimination in Las Vegas

Discrimination could occur based on factors such as sex, religion, or race. Disability is also a protected class, and examples include: 

• Asking an applicant about a disability
• Not hiring an employee because of a disability
• Firing an employee because they became disabled
• Demoting an employee because they became disabled
• Denying health insurance benefits
• Paying a disabled employee less than another co-worker of the same position
• Denying an employee reasonable accommodation

 Workplace Retaliation

It is very important to remember that an employer cannot retaliate against you for speaking up about the disability discrimination you have faced at work. An employer is prohibited from taking any other adverse actions against you simply because you spoke up about the Injustice. If you believe your employer has now retaliated against you for speaking up, contact our Las Vegas disability discrimination attorneys today.

What is a reasonable accommodation?

The Americans with Disabilities Act allows employees to ask their employers about reasonable accommodations that would prevent any undue hardship during work. Reasonable accommodations depend on the circumstances of the employment, along with the duties of the job. If your employer fails to provide you with reasonable accommodations due to your disability, you may have a claim against your employer for disability discrimination. It is up to the employer to decide which type of reasonable accommodation they would be able to provide.

How could I ask for a reasonable accommodation for my disability in Las Vegas?

When requesting a reasonable accommodation from your employer, we advise that employees ask their employer via email. That way, it could be easily documented compared to a verbal question. Your request does not necessarily have to include the word “reasonable accommodation.” 

When you request a reasonable accommodation in writing, it could provide our attorneys with clear evidence when filing a disability discrimination lawsuit against your employer. There is no specific time as to when your employer has to respond to a reasonable accommodation, as long as they respond as quickly as possible. If your employer has failed to provide you with any straightforward answer regarding the disability accommodation, contact our disability attorneys today. 

Could my employer ask me about my disability?

An employer does not have the ability to ask a job applicant if they have a medical disability just prior to offering them a job. However, an employer can ask an employee if they have any difficulties doing the job, and how they could perform the job if they were to be hired. An employer can also ask a potential employee if they need any reasonable accommodations.

When an employee is hired, an employer can ask the employee medical questions or require a medical exam if the employer needs the documentation to make reasonable accommodations for the employee. 

Disability Harassment

The Americans with Disabilities Act also prohibits any harassment based on an employee’s disability. It is unlawful for an employer to harass employees because of their disability. Managers, supervisors, and other coworkers are prohibited from harassing an employee who has a physical or mental impairment. Please contact a Las Vegas Harassment attorney should you have any questions.

Could my employer require me to take a medical examination?

An employer may only request the employee to take a medical examination if the employee requests any reasonable accommodations. This medical examination will determine what type of impairments the employee faces, along with what type of reasonable accommodation may help them. 

One of the requirements under the Equal Employment Opportunity Commission for disabled employees is to be provided reasonable accommodations by their employer. Reasonable accommodations are determined depending on the circumstances of the employee and the scope of the employment. According to the Equal Employment Opportunity Commission, there has been an increase in employers who have failed to provide reasonable accommodations to their employees.