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. Railroad disability discrimination occurs when an employer treats a worker unfairly due to a physical or mental impairment, refuses to implement reasonable accommodations, retaliates after an employee files a report, or facilitates a hostile work environment due to a disability. Federal laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act, protect railroad workers from unfair treatment. 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 Laws Protect Railroad Workers From Disability Discrimination?
Under federal law, railroad workers with disabilities have several protections to help shield them from workplace discrimination while ensuring equal employment opportunities. In general, these laws apply to a number of railroad employees and can help provide legal options in the event a worker is treated unfairly as a result of a physical or mental impairment.
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 accommodations 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.
Federal Disability Discrimination Protection for Railroad Workers
- The ADA prohibits employers from discriminating against qualified employees with disabilities
- Railroad employers are required to provide reasonable accommodations upon request
- Retaliation for reporting injuries or unsafe conditions may be in violation of federal law
- The Rehabilitation Act provides important protections for those working for federal or federally funded employers
- Workers can file complaints with the EEOC or the FRA Office of Civil Rights
- Disability discrimination protections apply from the hiring process through to termination decisions, including return-to-work and disciplinary action decisions.
What Common Signs Of Disability Discrimination on the Railroad?
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.
Signs of Disability Discrimination in Railroad Work
- 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
- Your employer may exclude you from meetings, overtime, promotions, or assignment preferences after you disclose your condition
- Your employer may pressure you into resigning or retiring once they learn about your disability
- Your employer may question the legitimacy of your injury or restrictions without evidence
- Your employer may create a hostile work environment through disparaging remarks, comments, and intimidation
Failure to Provide Reasonable Accommodations
Unfortunately, one of the most clear signs that you are subject to disability discrimination is an employer’s refusal to provide reasonable accommodations that would allow you to safely, effectively, and comfortably perform the duties required of you. Examples of reasonable accommodations often include:
- Modified tools and equipment
- Additional break periods
- Modified scheduling
- Leave for medical care
- Modifications that support ergonomic needs
Retaliation After Injury or Unsafe Condition Reporting
Unfortunately, some railroad workers may be subject to retaliation after they report an injury, request reasonable accommodations, or raise concerns over safety. Signs of retaliation often include:
- Sudden and unexpected write-ups
- Negative performance reviews that only began following a report
- Intentional isolation from coworkers
- Increased supervision and scrutiny
- Threats to the security of employment
- Demotions
- Reduced working hours
Unfortunately, in many railroad disability discrimination cases, workers report being treated differently after disclosing a medical condition, requesting accommodations, or returning to duty following an injury. As such, workers may be subject to denied modifications, increased supervision, and sudden, and often unwarranted, disciplinary action.
What Should Railroad Workers Do if They Suspect Disability Discrimination?
If you believe your railroad employer is discriminating against you due to your disability, it’s critical to document these incidents and pursue legal options. As such, keeping a record can strengthen your rights. Workers should take the following steps:
- Save all communications, including emails, texts, and other written communications
- Document all discriminatory comments and incidents, along with date, times, locations, and parties involved
- If appropriate, report concerns internally
- File a report with the EEOC or other appropriate federal agencies
Who Can Railroad Workers Report Disability Discrimination To?
Depending on the railroad employer, workers can report disability discrimination to:
- The U.S. Equal Employment Opportunity Commission (EEOC)
- The Federal Railroad Administration (FRA)
- Internal human resources departments
Contact an Experienced Railroad Employee Defense Attorney Today
Do not let your legal initiatives stop after reading this blog. If you have been subject to retaliation or discrimination at your place of employment on the railroads, 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. Contact us today to learn how we can represent you during these difficult times.
