Discrimination and Harassment

Discrimination and harassment based on race, religion, gender, and disability happen on ships and in maritime workplaces just as they do on shore. This page details some useful information regarding discrimination based on disability and wrongful termination of employment.

Discrimination Based on Disability

Under the Americans with Disabilities Act (ADA), employers cannot legally discriminate against qualified individuals if they are disabled. Employers are also required to provide reasonable accommodations for people with disabilities to perform their jobs, unless the employer can prove that it would cause undue hardship.

The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. The following are examples of disabilities:

• Lack of a body part
• Muscular dystrophy
• Multiple sclerosis
• Cancer
• AIDS
• Heart disease
• Parkinson's disease
• Mental retardation
• Cerebral palsy
• Epilepsy
• Diabetes
• Hypertension
• Permanent back injuries
• Arthritis
• Alcoholism
• Tuberculosis
• Hearing loss
• Dyslexia
• Cosmetic disfigurement
• Past drug addiction

If a seaman with a disability is still able to perform the essential functions of the job, he or she is a qualified individual and cannot be discriminated against because of that disability. This includes discrimination in the job application process, in hiring, promoting, and firing, and in pay. Requiring job applicants to undergo physical examinations before they are offered a position is illegal in most cases: employers cannot force you to have a physical if they suspect that you may have a disability.

Employers may have to provide reasonable accommodation to disabled employees so that they can perform essential job functions. The following are some accommodations that may be required:

• Modifying facilities to be accessible to disabled employees
• Modifying work schedules
• Modifying equipment or getting new equipment
• Adjusting job assessments and training materials
• Providing readers or interpreters

Employers must provide these accommodations unless they would require significant difficulty or expense ("undue hardship").

Wrongful and Retaliatory Termination

Maritime employers usually have the ability to fire employees with or without cause. However, there are two exceptions to this rule:

• An employer may not fire an employee for filing a personal injury claim. In other words, a seaman cannot be fired because he was injured on the job and is suing for damages.
• An employer may not fire an employee for reporting or threatening to report violations of safety and health regulations, or for refusing to violate those regulations. For instance, a captain cannot be fired for refusing to pilot a ship that does not follow Coast Guard safety guidelines.

If a seaman is fired because of a disability or fired for one of the above wrongful reasons, he or she can sue for reinstatement and back pay, as well as reasonable attorney's fees. Mehlman TerBeek LLP has extensive experience in discrimination cases. Contact our office at 925-935-3575 today to discuss your legal options.