You may have entered an accident during your railroad work that left you with a physical disfigurement and/or disability. Even if you have since been able to return to your job post, you may have a sinking feeling that your employer and colleagues are treating you differently than before, and not in a positive way. If you have this sneaking suspicion, please read on to discover the possible signs that you are being discriminated against and how one of the seasoned railroad disability discrimination lawyers at Hildebrand McLeod & Nelson LLP can help you respond appropriately and let justice reign.
What are the laws that protect against discrimination on the railroad?
Of note, the Federal Railroad Administration (FRA) enforces equal employment opportunity policies. Specifically, these policies protect employees and applicants for employment from being discriminated against based on their protected class, including their disability. This protection is meant to cover all aspects of a worker’s employment activities and working conditions.
Hand in hand, all railroad employers are expected to comply with the Americans with Disabilities Act (ADA). This Act prohibits discrimination based on disability in various areas of public life, including work. This means that employers must provide reasonable accomodations to their employees with disabilities to ensure they have an equal employment opportunity.
Lastly, this goes along with the Rehabilitation Act of 1973, which requires federal employers, like railroad employers, to refrain from discrimination. Rather, they must take affirmative action to hire, retain, and promote workers with disabilities.
What are the signs of disability discrimination in railroad work?
You should not brush off your concerns about being treated differently and poorly as paranoia. Instead, you should deeply reflect on your work experience since returning with a disability to decipher whether or not it constitutes possible discrimination. Without further ado, below are telling signs of disability discrimination on the railroad:
- Your employer may fail to provide you with modified equipment to help you execute your job tasks effectively.
- Your employer may fail to provide an adjusted work schedule to give you the necessary breaks and time off.
- Your employer may fail to provide you with adjusted work duties that you are better able to execute effectively.
- Your employer may retaliate against you for reporting an unsafe condition that caused you to incur your disability.
- Your employer may make offensive remarks or jokes that point out your physical disfigurement or disability.
With that said, if your railroad employer is governed by the FRA, you may report your experience with discrimination to the FRA’s Office of Civil Rights. If your employer runs a private railroad, then you may take your complaint to the United States Equal Employment Opportunity Commission (EEOC).
Do not let your legal initiatives stop after reading this blog. The next action you should take is calling us at Hildebrand McLeod & Nelson LLP and retaining the services of one of the competent railroad disability discrimination lawyers. Rest assured, we will take the reins from here on out.
