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Millions of adults in the United States deal with incapacitating medical illnesses that are either hidden or undetectable, causing them to experience symptoms such as persistent pain and exhaustion, bothersome headaches, and mood swings. Because their disability affects every part of their lives, including their capacity to obtain and maintain employment, these people may find that even the most basic tasks of daily living are difficult to accomplish.

A large majority of workers are aware of the legal protections that are provided to employees who have more obvious physical disabilities; however, a far lesser percentage of workers are aware that similar rights also apply to workers who have disabilities that are less obvious. Read on to learn more about your rights a person with a hidden disability and contact PLBH at (800) 435-7542 if you need a legal consultation from a disability discrimination attorney.

Discrimination and Hidden Disabilities

Persons with hidden disabilities continue to deal with a significant amount of stigma and prejudice in both their personal and professional life, despite the fact that there have been national campaigns to raise awareness of persons with mental health and autoimmune problems and to encourage those people to speak out about the symptoms that they suffer.

Have You Been Given a Diagnosis of One of the Following Illnesses That Could Render You Disabled?

Some of the most common invisible or hidden disabilities include:

  • Fibromyalgia
  • Chronic fatigue syndrome
  • Lyme disease
  • Multiple sclerosis
  • Crohn’s Disease
  • Bipolar disorder
  • Persistent feelings of sadness
  • Lupus
  • Diabetes
  • Cancer
  • Rheumatoid arthritis of the knee
  • ADHD
  • Obsessive compulsive disorder

Two federal laws, the Americans with Disabilities Act (ADA) and the Rehabilitation Act, protect employees diagnosed with these and other physical and mental conditions that “substantially limit a major life activity” from suffering acts of harassment and discrimination in the workplace.

This is provided that the employee can perform the essential duties of the job with or without reasonable accommodation. These safeguards extend to the processes of filling out work applications, hiring techniques, receiving training on the job, advancing opportunities, being fired as an employee, and receiving compensation.

Both California and New York have enacted their own state laws that, like the ADA, make it illegal to discriminate against people with disabilities. In point of fact, the California Fair Employment and Housing Act provides greater safeguards than the federal Americans with Disabilities Act does.

Do You Have a Claim for Discrimination Due to a Disability?

Acts of discrimination in the workplace based on a person’s disability can be difficult to recognize and, as a result, combat at times. It can be difficult to provide evidence that you were passed over for a promotion because your manager is aware that you suffer from chronic depression or that you were assigned a function that does not include direct interaction with customers because you have Tourette syndrome.

In addition, many companies are ignorant of their potential obligations under the Family and Medical Leave Act (FMLA) to give an employee with additional leave beyond the twelve-week term specified in the act, provided that doing so does not place an excessive burden on the company.

Because of the complexity of discrimination claims based on disability, it is essential to seek the advice of an experienced employment rights attorney who can guide you through the process of understanding and enforcing your legal rights. Contact PLBH at (800) 435-7542 now for a consultation.