AMERICANS WITH DISABILITIES ACT EMPLOYMENT LAW
Americans with Disabilities Act Employment Law
Having a disability doesn’t mean you can’t enjoy life – rather, you sometimes have to take a different approach in achieving the same outcome as other people.
However, due to pervasive social prejudices, your employer might assume you aren’t the best person for the job. They might refuse to provide reasonable accommodations that would let you work effectively, or they might pass you up for promotion. They might pay you less for the same work or even lay you off.
Fortunately, the Americans with Disabilities Act (ADA) makes it illegal for an employer to discriminate against you because of your disability.
Do you think your employer has violated the Americans with Disabilities Act? Morgan & Morgan wants to be by your side. Our ADA discrimination attorneys are passionate about fighting for the rights of victims and handle every case personally. Every client is treated like family, meaning you’ll get the best service possible. With more than 50 offices and 400 attorneys nationwide, we have the reach and resources necessary to go up against even the biggest corporations.
Employment Discrimination Under the ADA
Title I of the ADA covers employment discrimination, protecting disabled workers from discrimination in hiring decisions, pay, promotions, and firing. Moreover, it stipulates that employers must provide reasonable accommodations to employees with disabilities to adequately perform the duties of their job.
The ADA protects disabilities under three different circumstances:
- The employee has a mental or physical impairment that “substantially limits” a “major life activity.”
- The employee has a history of impairment even if it doesn’t currently manifest in the workplace.
- The employer believes the employee has a disability and discriminates against them on the basis of this assumption.
What Is a Reasonable Accommodation?
A “reasonable accommodation” is an adjustment to the workplace allowing a person with a disability to perform their job to the same standard as a nondisabled employee. It is the employee’s responsibility to enter a dialogue with the employer to obtain said accommodation. The employer is not required to provide exactly what the employee requests if another modification provides the same benefits.
Moreover, the employer is not required to provide an accommodation if it would constitute an “undue hardship” to do so. Whether an accommodation creates an undue hardship depends on several factors, including the cost of the accommodation, the resources of the company, and the accommodation costs that the company has already absorbed.
Morgan & Morgan Can Help
If you believe you have experienced workplace discrimination due to your disability, it’s important to contact Morgan & Morgan. Our ADA discrimination attorneys are here for you – don’t go through these trying times alone. We’ve recovered more than $5 billion on behalf of our clients and will fight to get the compensation you and your loved ones deserve. And, we never charge by the hour. You only pay us if we win. Join the Morgan & Morgan family – discover what we can do for you by filling out a no-cost case evaluation form today.