Under Minnesota state and federal law, it is illegal for employers to make any employment decision based on whether you have a disability or an injury. Employers can’t treat employees differently because of a disability or injury when making decisions about wages, promotions, discipline, suspensions, or terminations.
It is also illegal for employers or fellow employees to make unwelcome comments or behaviors based on disability, in which case you may have a hostile work environment claim.
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Disability Discrimination FAQs
+ What is considered a disability under the law?
A disability is a physical or mental impairment that substantially limits one or more major life activities or major bodily functions. Your condition does not need to prevent you from performing a major life activity or major bodily function to be considered limiting. Even if your condition makes it harder for you to perform these activities or functions, then you probably are considered disabled under the Americans with Disabilities Act (ADA).
+ How do I prove a workplace disability discrimination claim?
In order to win a disability discrimination claim, you must prove that the stated reason for an employment decision is not the actual, illegal reason – your disability or injury. Your employment lawyer needs to demonstrate that the employer’s stated decisions about wages, promotion, discipline, suspension, or termination are either factually wrong or that they weren’t applied equally to similarly-situated employees.
Employers may argue that an employment decision was based on your inability to perform the essential functions of a job. The ADA and Minnesota Human Rights Act offer further protection in this case. Your employer is required to engage in an interactive process to determine reasonable accommodation in order to help you achieve the essential functions of your job. If they fail to do so, you may have a disability discrimination claim.
+ How much is a wrongful termination case worth?
This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a wrongful termination case is, we will be able to better estimate the possible outcomes during your free consultation.
+ Can my employer fire me if I claim disability discrimination?
No. If your employer terminates you for making a complaint of disability discrimination, then you have a retaliation case in addition to your disability discrimination case.
+ How much is a disability discrimination case worth?
This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a disability discrimination case is, we will be able to better estimate the possible outcomes during your free consultation.
+ What is the statute of limitations for a wrongful termination case?
In Minnesota, you have one year from the date of wrongful termination to bring a lawsuit or file a claim with the Minnesota Department of Human Rights. You have 300 days from the date of the wrongful termination to file a claim with the Equal Employment Opportunity Commission (EEOC), if you want to bring a wrongful termination claim under Title VII, the Americans with Disabilities Act, or the Age Discrimination in Employment Act.
+ Can I claim disability discrimination even if I quit my job?
Yes. If your employer made working conditions so hostile – or did not provide you with reasonable accommodation – and you had no choice but to resign, this is known as constructive discharge. Workplace disability discrimination claims may still apply under these circumstances.
+ What is the statute of limitations for a disability discrimination case?
In Minnesota, you have one year from the date of the last discriminatory act to bring a lawsuit or file a claim with the Minnesota Department of Human Rights. You have 300 days from that date to file a claim with the Equal Employment Opportunity Commission (EEOC), if you want to bring federal claims under the Americans with Disabilities Act (ADA).
+ What should I do if my employer has discriminated against me because of a disability or injury?
Write everything down: what happened to you; the date or dates of the discriminatory acts, who made the employment decisions or communicated them to you, what they said were the reasons for the decisions, and who was present; whether you think the reasons your employer gave you were accurate and why; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.
Gather documents: pay stubs; personnel files; employee handbook; any other letters, text messages, or emails from your employer that you think might be helpful. You should send a written request to your employer requesting your personnel file and the reason for the decision about wages, promotion, discipline, suspension, or termination, which must be provided to you under Minnesota law.
In the event your employment was terminated and if your employer has not paid you all of your wages, request those wages in writing.