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Home Law What to Do When You’re Being Discriminated Because of a Disability?
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What to Do When You’re Being Discriminated Because of a Disability?

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Samantha Acuna
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August 16, 2020
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    What to Do When You’re Being Discriminated Because of a Disability?

    Having a disability can change the way you carry out everyday activities. Discrimination, in particular, is one of the biggest concerns PWD (people with disabilities) have. Under no circumstances should you face discrimination based on your disability, whether at educational institutions, shops, or even your workplace. However, being the target of slurs or harassment can make you feel helpless, especially if you do not know how to handle these situations. If you are a PWD and want to know how to handle these stressful incidents, read on to know more.

    Workplace Discrimination

    According to the Americans with Disabilities Act (ADA), you should have an equal and fair chance of landing any job you want as long as you can handle its responsibilities. Nonetheless, the reality is often disappointing. Based on the statistics issued by the Bureau of Labor, only 19% of PWD are currently employed. This is, of course, pretty jarring, especially when compared to the employment rate of people without disabilities, which is 66%. If you apply for a job and the manager refuses to consider your application due to your disability, you have the right to file a charge of discrimination and sue the company. Moreover, being the victim of workplace harassment or receiving less favorable treatment because of your condition also constitutes solid grounds for filing a lawsuit against your managers, coworkers, or company.

    Disability Benefits

    In the United States, PWD enjoys a wide array of benefits. Perhaps the most notable programs that offer these benefits are the Social Security and Supplemental Security Income Disability ones. When it comes to the Social Security Disability Program, it helps disabled people by paying them benefits to support them and their families if they had previously paid Social Security taxes. On the other hand, the Supplemental Security Income offers financial assistance to PWD after assessing their financial situation and needs. Applying for these programs can be burdensome, as your claim may get unfairly rejected. According to a proposed action plan that you can visit the Cain Law Office website to learn more about, you should hire a lawyer if this happens to you. An experienced attorney will be able to help you by asking for the reconsideration of your claim. In rare cases, they may help you file a lawsuit against the administration to ensure that you get your full rights.

    Service Providers

    The ADA stipulates that service providers and businesses cannot exclude people with disabilities. This means that the owners of restaurants, shops, and hotels are not allowed to charge you extra or refuse to serve you in the first place. In a similar vein, service animals as well are allowed to accompany you everywhere, including planes and hospitals. Furthermore, business owners do not have the right to ask you for proof of your disability. If you are denied service, you should certainly speak up about it. You must either directly speak to the owner of the place, reminding them of the rights stipulated in the ADA, or file a charge of discrimination in case they do not comply with the law.

    Despite the positive and inclusive environment the ADA calls for, there are still some people who face discrimination based on their disability. Yet, ignoring the problem will not make it go away. You have to stand your ground and fight for your rights. Whether you are facing harassment at your workplace or your Social Security claim keeps getting denied, you now know how to act in such situations to ensure that you get equal treatment.

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    Samantha Acuna
    Samantha Acuna is a writer based in San Francisco, CA. Her work has been featured in The Huffington Post, Entrepreneur.com, and Yahoo Small Business.

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