Disability & Perceived Disability Discrimination

What is perceived disability discrimination?

The Missouri Human Rights Act prohibits an employer from discriminating against an employee because of a disability—whether or not the employee actually has a disability. The idea is that an employer is still acting contrary to the law, even if they are mistaken about the disability in the first place. Under the Act, a disability has two parts. First, it is any mental or physical condition that impacts an essential life activity. This can be in the form of difficulty moving around, difficulty communicating, or difficulty lifting over a certain amount. Second, the employee at issue must still be able to perform the basic job functions with reasonable accommodation. For example, a position greeting at a large department store could still be successfully performed if the employee had to sit down. In the context of perceived disability, the employee is likely to not even require any accommodations because the employer is mistaken about the condition to begin with. 


If you have been terminated because of a physical or mental condition, despite your ability to still perform your job, contact us today!  

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