Las Vegas Disability Discrimination Attorney

Las Vegas Disability Discrimination Attorney

According to the Nevada Division of Emergency Management, there is an estimated number of 270,000 people in the state of Nevada over the age of 5 who have some type of disability. Approximately 50,000 of those people need personalized care every day to perform important activities such as walking, bathing, or driving. 

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 into contact with one of our lost biggest 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.

You could feel frustrated and confused as to what your next steps would be. Contact our top rated employment law attorneys today for a free no risk consultation. During this consultation, we will determine what claims you possibly have against your employer, and how you could seek compensation for your injuries. We believe that no one should have to endure any type of discrimination at work because they belong to a protected class.  You can be helped if you contact a Racial discrimination attorney.

Nevada and federal law provide protections to those employees who are disabled and currently in the workforce. No employer has the right to treat a disabled employee differently simply because of their disability. It is important that you get in touch with our experienced disability attorneys immediately to determine what the best course of action would be.

What is a disability under Nevada law?

Under Nevada Revised Statute 426.068, disability means:

1. A physical or mental impairment that substantially limits one or more of the major life activities of the person;
2. A record of such an impairment; or
3. Being regarded as having such an impairment.

Nevada does not specifically give an explicit list as to what is considered a disability. However, if you have faced any type of 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?

Disability discrimination provisions apply throughout various steps of the employment process, including:

• Interviewing candidates
• Hiring candidates
• Firing employees 
• Demoting employees
• Laying off employees
• Providing employee benefits
• Paying employees

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 experience Las Vegas disability discrimination attorneys today.

What is a reasonable accommodation?

The American 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 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 type of harassment based on an employee 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. 

Wynn Hotel Disability Discrimination

Recently, one of the most popular disability discrimination claims that occurred on the Las Vegas Strip was against Wynn Las Vegas hotel. The hotel violated both federal and state law when they discriminated against an employee who was a disabled United States Army veteran. The veteran had post-traumatic stress disorder, and had requested a reasonable accommodation for his PTSD. When the hotel refused, the employee filed a claim with the equal employment opportunity commission.

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.