Railroad Disability Discrimination Lawyers

Railroad workers are essential to keeping the nation’s transportation systems running smoothly, but when you’re facing discrimination due to a disability, it can make your workplace feel hostile and unfair. If you’re a railroad worker who has been discriminated against because of a physical or mental disability, you have rights under both federal and state laws. Our team of experienced railroad disability discrimination lawyers is here to help you understand those rights and protect them every step of the way.

Understanding Disability Discrimination in the Railroad Industry

Disability discrimination occurs when an employer treats an employee unfairly due to a disability, or perceived disability, rather than based on their qualifications or job performance. This form of discrimination can manifest in several ways, from unjust terminations to being denied reasonable accommodations that would allow you to perform your job.

Railroad workers are covered under the Americans with Disabilities Act (ADA), which prohibits employers from discriminating against employees who have a disability. The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Additionally, the Rehabilitation Act of 1973 extends similar protections for employees working for entities that receive federal funding, including many railroad companies.

If you’re facing discrimination due to a disability, it is important to know that these laws exist to protect your rights. Railroad companies cannot fire, demote, or retaliate against you simply because of your disability. Furthermore, they are required to provide reasonable accommodations to enable you to do your job unless doing so would cause undue hardship to the company.

What Qualifies as Disability Discrimination?

Disability discrimination can take many forms in the railroad industry. Some common examples include:

• Failure to Provide Reasonable Accommodations: Employers are required to make reasonable adjustments to the workplace that would allow employees with disabilities to perform their job functions. For railroad workers, this could include modifying equipment, adjusting work schedules, or reassigning duties that may be impossible due to the disability. If your employer refuses to provide accommodations without a legitimate reason, this is considered discrimination.
• Harassment or Hostile Work Environment: Disability-related harassment in the workplace is illegal. This could include offensive remarks, threats, or jokes about your disability, or being ostracized by colleagues because of your condition. Employers are obligated to prevent and address harassment in the workplace.
• Disparate Treatment: If you’re being treated less favorably than other employees because of your disability, this is considered disparate treatment. Examples may include being passed over for promotions, being assigned less desirable tasks, or being disciplined more harshly than others without a disability.
• Retaliation for Requesting Accommodations or Filing a Complaint: It is illegal for an employer to retaliate against you for asserting your rights under the ADA or the Rehabilitation Act. If you are demoted, reassigned, or fired after requesting accommodations or filing a discrimination complaint, you may have a strong legal case.

Time Limits for Filing a Disability Discrimination Claim

If you have been the victim of disability discrimination while working in the railroad industry, time is of the essence. Employment discrimination claims are subject to strict deadlines, also known as statutes of limitations, which dictate how long you have to take legal action. In most cases, claims under the ADA or Rehabilitation Act must first be filed with the Equal Employment Opportunity Commission (EEOC) before a lawsuit can be pursued.

For ADA claims, you generally have 180 days from the date of the discriminatory act to file with the EEOC, though this timeframe can be extended to 300 days in some states. Once you have filed with the EEOC, they will investigate your complaint and either issue a Right to Sue letter or attempt to resolve the dispute through mediation. After receiving the Right to Sue letter, you typically have 90 days to file a lawsuit in federal or state court.

It is important to speak with a qualified railroad disability discrimination lawyer as soon as possible to ensure that all filing deadlines are met and your rights are fully protected.

Contact Our Railroad Disability Discrimination Lawyers

If you have been subjected to disability discrimination while working for a railroad company, you don’t have to face it alone. Our team of railroad disability discrimination lawyers is dedicated to advocating for workers like you, ensuring that you receive the fair treatment you deserve. You may be entitled to compensation for lost wages, emotional distress, and other damages caused by the discrimination.

Time is critical, so don’t wait. Contact Hildebrand McLeod & Nelson LLP today for a free consultation and take the first step toward holding your employer accountable. Let us help you secure justice and protect your rights under the law.