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Aging workers: 3 signs of disability discrimination

Workplace injuries are not uncommon. People are hurt all the time on the job. Sometimes, these accidents result in little to no time off work, while other injuries leave workers with disabilities. As an aging worker, you know it's harder to get new job training, and an injury could impair you for a long period of time.

It's an employer's job to either adjust your workload so that you may return to work with the disability or to go through the correct channels to help you with workers' compensation and retraining for a new position.

After you are hurt on the job, you may have injuries that prevent you from doing your normal job duties. Your employer should not hold this against you, and he or she cannot, according to the law. Here are some signs of disability discrimination you can look for at work following a serious injury.

1. Your employer refuses to make reasonable accommodations

All employers must make reasonable accommodations for those with disabilities who are employed by him or her. Some examples of reasonable accommodations include modifying devices or equipment for use by the disabled individual, making facilities more readily accessible and usable by those with disabilities and modifying or restructuring a job for the disabled individual.

A person with a disability may be reassigned to a vacant position if it better suits his or her abilities. Failing to provide reasonable accommodations conflicts with the Americans with Disabilities Act and is in violation of the law.

2. You are not treated the same as others in the workplace

If you receive different treatment than others due to your disability, this is a sign of discrimination. For example, if there is a promotion that you would like and are able to perform the duties of, there is no reason that you should not be considered. However, if you find out that you didn't receive the job due to being in a wheelchair, having an amputation or suffering from blindness or hearing impairment, then that is discrimination. As long as you have the ability to perform the job safely and effectively, the employer must consider your application.

3. You are fired or demoted due to your claim

Another thing to look out for is discrimination based on fili ng a workers' compensation claim. Your employer can't retaliate against you for filing a workers' compensation claim. You may not face harassment or receive unfair treatment because of the claim. If that happens, then you may speak to a legal professional about your options as a victim of discrimination and retaliation.

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Marzzacco Niven & Associates

Marzzacco Niven & Associates
1909 North Front Street, 2nd Floor, Suite 1
Harrisburg, PA 17102

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