The Americans With Disabilities Act of 1990 (ADA) made it illegal for employers to discriminate against those with disabilities. The ADA also makes it against the law to discriminate against people with disabilities in local and state government services, transportation, telecommunications, and public accommodations.
If you think your employer has discriminated against you because of a disability, you could receive assistance in a lawsuit. Filing an ADA lawsuit can remedy the situation so you can work or get your desired job. Speak to an experienced Americans With Disabilities Act lawyer today for assistance.
The first section of the ADA ensures that workers with disabilities will not be shut out of promising job opportunities unless they do not have the skills for the job. The ADA applies to every part of employment:
The ADA also requires companies to make reasonable accommodations for people who are qualified for the work but have mental or physical limitations. The only time a company is exempt from the requirement is when they can show making the accommodation would cause a hardship for the organization. For example, if the company has to relocate its operations to a first-floor suite when one is unavailable in the same area, this could be a hardship.
Also, the law prevents companies from discriminating against workers and applicants with physical and mental impairments that make it more challenging to engage in ‘major life activities,’ such as:
The ADA Amendments Act of 2008 includes many disabilities that protect many Americans against discrimination. The ADA states that an impairment must be a mental or physical disorder. However, there are questions if stress or depression are impairments. If they are from a disorder documented by a doctor, they could be protected under the ADA.
In employment laws and regulations, it is clear if someone is in a protected class. For example, if you are discriminated against in the hiring process because of age, that is a violation. With the ADA, deciding if you are in a protected class is complicated. That is why it is helpful to review your case with an attorney.
The initial definition of disability under the law states that a disabled individual is a person with physical or mental limitations that prevent them from engaging in major life activities. Therefore, you are covered if you have a record of the impairment. Also, if you are considered to have a physical or mental condition, you are deemed to be disabled under the ADA.
However, there is a three-part definition of disability in the law. If you satisfy any of those three parts, you are called disabled. The disability definition in the law is according to the Rehabilitation Act’s wording of what ‘handicapped’ is.
Mental And Physical Impairments Under The ADA
The ADA states that a physical disability is a physiological disorder or condition or disfigurement that affects one of more of the following systems:
Next, the ADA defines a mental disability as a mental or psychological disorder, including mental or emotional illness, learning disability, or organic brain symptom. The ADA law only lists some mental conditions that may qualify because it is hard to be comprehensive. However, the ADA does list the following physical and mental disabilities:
Work ADA violations can cover many scenarios and situations, especially preventing you from applying for a job or being denied employment because of a disability. Or, you could be fired or demoted because of your condition. This is a violation if a private or public organization does not provide a reasonable accommodation to you with a disability.
Common physical accommodation issues that are ADA violations are:
If you are unsure if you have been discriminated against under the ADA, you should review the ADA’s guidelines for more information. Or, talk to an ADA violation attorney who often works in disability law. If you are sure, you were discriminated against, working with an attorney will make it easier to have a successful outcome. However, the lawyer must have jurisdiction in the area where the incident happened.
Your ADA attorney will guide you in the legal process and tell you what your rights are under the law. From complaint filing to going in front of the judge if the company fights your claim, your attorney ensures that you get the best response from the government employees reviewing the case.
You should turn in the complaint within 50 days of the violation. After you file an ADA lawsuit, an external compliance coordinator from the ADA will review the matter within 14 days. Then, they will meet with you and your lawyer and discuss how the case may be resolved with the representative.
The external compliance coordinator will provide you with updates on the next steps. However, an ADA lawsuit does not usually end in compensation. Instead, the lawsuit’s goal is to fix the situation, so you are not discriminated against at work or during the hiring process.
You should always contact an ADA attorney to help you with your case. Trying to resolve the matter on your own is often unsuccessful.
Do you think your employer discriminated against you under the Americans With Disabilities Act? You should speak today to one of our Americans With Disabilities Act lawyers at North Suburban Legal Services.
Our ADA lawsuit attorneys have years of experience handling cases like yours. Contact North Suburban Legal Services today for a complimentary consultation at (312) 909-6089.