Disability Discrimination

The Americans with Disabilities Act (ADA) is a groundbreaking civil rights law enacted in 1990 that aims to protect individuals with disabilities from discrimination in various aspects of life, including employment. The ADA has had a significant impact on society, promoting equal opportunities for people with disabilities and fostering a more inclusive work environment.

At our Firm, we specialize in providing comprehensive legal representation and guidance to employees with disabilities. We are committed to ensuring that your rights are upheld and that you receive the support you need in the workplace.

Understanding the ADA

The ADA covers a wide range of disabilities, including physical, cognitive, sensory, and mental health conditions. Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities to allow them to perform their job duties effectively. Some examples of reasonable accommodations include:

1. Providing assistive technology or modified equipment
2. Offering flexible work schedules or telecommuting options
3. Modifying workspaces to improve accessibility
4. Adjusting job duties or providing additional training

The ADA also protects employees from harassment, retaliation, and discrimination based on their disability. This includes all aspects of the employment process, from hiring and promotions to terminations and layoffs.

Who is Covered Under the ADA?

The ADA applies to all employers with 15 or more employees, including private companies, state and local governments, employment agencies, and labor organizations. To be protected under the ADA, an individual must:

1. Have a physical or mental impairment that substantially limits one or more major life activities
2. Have a record of such impairment
3. Be regarded as having such impairment

It is important to note that temporary, non-chronic impairments with little or no long-term impact usually do not qualify as disabilities under the ADA. Additionally, the ADA does not cover individuals who are currently engaging in the illegal use of drugs.

Your Rights as an Employee with a Disability

As an employee with a disability, the ADA grants you various rights and protections. Some of these include:

1. Equal Opportunity: Employers cannot discriminate against you because of your disability in any aspect of the employment process, including hiring, promotions, training, and termination.
2. Reasonable Accommodations: You have the right to request and receive reasonable accommodations that will enable you to perform your job duties effectively. Employers must engage in an interactive process to determine the appropriate accommodation.
3. Confidentiality: Employers are required to keep any information about your disability and accommodations confidential, except as allowed by law.
4. Protection from Retaliation and Harassment: You have the right to be free from harassment based on your disability and to be protected from retaliation if you assert your rights under the ADA.

Filing an ADA Complaint

If you believe your rights under the ADA have been violated, you may file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or employee based on disability, among other protected categories.

To file a complaint, you must follow these steps:

1. Contact the EEOC: Reach out to your local EEOC office or visit the EEOC website to start the process. You must file your complaint within 180 days of the alleged discrimination, although this deadline may be extended to 300 days in some cases.
2. Mediation: The EEOC may offer mediation as an alternative to a full investigation. This voluntary process allows you and your employer to resolve the issue with the help of a neutral mediator.
3. Investigation: If mediation is unsuccessful or not an option, the EEOC will conduct an investigation into your complaint. This may involve interviewing you, your employer, and other witnesses, as well as reviewing relevant documents.
4. Determination: Once the investigation is complete, the EEOC will issue a determination as to whether there is reasonable cause to believe that discrimination occurred. If the EEOC finds reasonable cause, they will attempt to resolve the issue through a conciliation process. If conciliation fails, the EEOC may decide to file a lawsuit on your behalf or issue a "right-to-sue" letter, allowing you to file a lawsuit in federal court.
5. Filing a Lawsuit: If you receive a "right-to-sue" letter, you have 90 days to file a lawsuit in federal court. At this stage, it is crucial to have experienced legal representation to navigate the complexities of the legal process and advocate for your rights.

How We Can Help

Our experienced attorneys are dedicated to representing employees with disabilities and ensuring their rights are protected under the ADA. We can assist you with:

1. Understanding Your Rights: We provide guidance on your rights under the ADA, helping you determine if you have a valid discrimination claim.
2. Requesting Reasonable Accommodations: Our attorneys can assist you in requesting and negotiating reasonable accommodations with your employer.
3. Filing a Complaint: We can guide you through the EEOC complaint process, ensuring that your complaint is filed correctly and within the required timeframe.
4. Mediation and Conciliation: Our attorneys can represent you during mediation and conciliation efforts, advocating for a fair resolution of your complaint.
5. Litigation: If warranted. we are prepared to represent you in court, fighting for the compensation and justice you deserve.

The Americans with Disabilities Act is a vital piece of legislation that aims to create a more inclusive and accessible society for individuals with disabilities. If you believe your rights under the ADA have been violated, it is essential to seek legal guidance from a knowledgeable employment law attorney. Our Firm is committed to empowering employees with disabilities and ensuring their rights are upheld. Contact us today for a consultation and let us help you navigate the complexities of the ADA.