Americans With Disabilities Act
The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations that allow a person with a disability who is otherwise qualified for a position to complete his or her job. The Act prohibits employers from discriminating against disabled individuals who can perform the responsibilities of their job description. Additionally, the ADA prohibits harassment by an employer on the basis of a disability.
About the ADA
The ADA is a wide-ranging civil rights law that prohibits discrimination based on a person’s disability. The ADA recognizes that people who have medical problems because they are unable to walk, hear, see or participate in other actions as well as the average person are entitled to "reasonable accommodations" at work.
Discrimination vs. Unfair Treatment
Employers are typically given significant discretion over hiring, firing, and promoting within the workplace. However, this does not allow them unlimited freedom. Often times, workers mistake unlawful employment discrimination for unequal treatment. For example, when you face unequal treatment in the workplace because of personality conflicts, favoritism, or just plain unfairness, there is no legal recourse. However, there are many laws that prevent employers from discriminating against employees and potential employees on the basis of specific characteristics, such as age , gender, race and disabilities.
There are specific disabilities covered by disability laws, allowing you to sue your employer if you are fired, harassed or discriminated against because of your injury or condition. While there are numerous disabilities, the categories include:
- An injury that prevents you from working for a certain period of time, such as a shoulder injury, hand injury, or eye injury
- An injury that requires surgery, such as back surgery or a hysterectomy
- Any type of disease or disability such as epilepsy, cancer, osteoporosis or asthma
- Any type of mental disability such as chronic depression or bipolar disorder
Filing a Claim
In order to file a disability discrimination claim, you must prove that you received unequal treatment because of your disability. Unfortunately, these claims are hard to prove. Rarely is there concrete evidence where your employer clearly states his or her bias. It is therefore imperative that you speak with an employment attorney who can assess your situation and gather evidence to help you prove the discrimination.
If you believe that you have been the disability discrimination, contact Dejban Law either electronically or by phone so that we can determine if you have a case and if we can represent you.