Crime victims who are experiencing a disability because of the crime that occurred may be able to ask their employer for certain changes to occur that will make it easier for them to work.

Employees who have a disability are protected at work in two main ways:

• You cannot be discriminated against based on your disability.
• You may be able to request a “reasonable accommodation” from the employer to make it possible for you to do your work despite your disability.

There are many different definitions of disability under federal and state law. Under the Americans with Disabilities Act (ADA), someone is considered disabled if they have a mental or physical impairment that substantially limits a major life activity. This is a broad definition that can include many different diagnoses and problems. To fit this definition, the person must have a record of their impairment. It must be a substantial impairment, not a minor impairment.

The ADA applies to employers that have 15 or more employees. All types of employers are covered, including private companies, non-profit organizations, and government agencies.

To be considered substantial, an impairment must significantly restrict or limit a major life activity. A major life activity can include walking, the ability to sit, learning, speaking, seeing, hearing, focusing on a task, or any other important activity. A temporary disability, such as a broken leg that is expected to heal, is not necessarily a disability under the ADA.

A reasonable accommodation is a workplace change meant to help an employee who has a disability enjoy the same employment opportunities as non-disabled employees.

The first step to getting a reasonable accommodation is to speak with your employer or have a representative speak with your employer on your behalf.

Learn more about reasonable accommodations here.

Additionally, the Arizona Center for Disability Law provides a helpful guide to reasonable accommodations here.

Victims of crime are not automatically protected under the ADA.

Certain employers must follow the ADA. Unless an employer meets certain exceptions, if they have 15 or more employees, then they must follow the ADA. This includes jobs in the private sector, non-profits, and government employers.

An employer also cannot retaliate against a worker for enforcing their rights under the ADA. In addition, the ADA prohibits discrimination against a non-disabled person based on that person’s social, family, or business association with someone who is disabled and therefore protected under the ADA.

Like the ADA, Arizona state law also protects against certain types of discrimination in hiring and all other aspects of employment. State and federal law cover a lot of specific situations where it is unlawful to discriminate against someone based on a trait or characteristic. Some of these situations include not hiring someone, firing someone, segregated duties, segregated workplaces, discriminatory policies, unfair treatment, harassment, or retaliation for bringing up discrimination concerns.

Discrimination can come in many forms. Those who have experienced discrimination for any of the reasons listed above are entitled to file a complaint or even a lawsuit.

It is against the law for an employer to fire or discriminate against a crime victim employee because of their status as a crime victim, or because they exercised any of their victims’ rights when it comes to employment.

Workers can file a complaint with the Civil Rights Division of the Arizona Attorney General if they have experienced discrimination based on race, color, national origin, sex, religion, age (40+), physical or mental disability, pregnancy, or retaliation in relation to their current job or applying for a job. This includes sexual harassment. There is a 180-day deadline from when the discrimination occurred to file a complaint with the Attorney General.

Workers who have suffered any type of discrimination based on race, color, sex, religion, national origin, age, disability, or veteran status) may file a complaint with the Governor’s Office of Equal Opportunity.

Workers who have been discriminated against based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information, may file a charge with the Equal Employment Opportunity Commission (EEOC).

In many cases, an employee must file a complaint with the EEOC and await a decision before they can file a lawsuit in court. In most cases, an employee must file a complaint with the EEOC within 180 days of an incident of unlawful discrimination.

Under most of the state and federal laws governing discrimination, employees who are discriminated against have a right to file a lawsuit. Employees who have experienced workplace discrimination may want to seek the advice of a lawyer to learn about the options available.