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The Americans with Disabilities Act Protects Disabled
Workers
In 1990, Congress enacted the Americans with Disabilities
Act ("ADA"), a ground-breaking new law that prohibits most
employers from discriminating against employees on account
of a disability. The ADA further requires covered
employers to extend "reasonable accommodations" to
disabled employees to permit them to be productive members
of the workforce.
The ADA covers private employers with 15 or more
employees, as well as many public-sector employers. In
order to be protected by the ADA, however, an employee
must have a "disability" within the meaning of the law. An
individual has a "disability" under the ADA if that person
"has a physical or mental impairment that substantially
limits one or more major life activities, has a record of
such an impairment, or is regarded as having such an
impairment."
Whether an employee's particular condition meets this
definition is a complicated question: Some conditions,
such as blindness or confinement to a wheelchair, would
clearly constitute "disabilities," while others, such as
chronic back pain or minor lift restrictions, might not.
Furthermore, the Supreme Court recently ruled that
impairments must be considered in their corrected state
(for example, the court will consider a near-sighted
employee's vision as corrected by glasses, rather than
without glasses). In addition, in order to be protected by
the ADA, an employee must also show that he or she is
qualified to perform his or her regular job duties, either
with or without "reasonable accommodations" (such as a
wheelchair-accessible bathroom, modified hours, etc.).
Finally, an employee requesting an accommodation must show
that the request is "reasonable."
Given the complexity of the ADA, it is not surprising that
many employees who have brought lawsuits against their
employers have not been successful. Thus, while the ADA
has given American workers significant new legal rights, a
careful review of the pertinent facts by a legal
professional is required before a determination can be
made as to whether a particular employee's circumstances
may give rise to a valid ADA claim. In addition, many
state laws extend legal protection to employees with
disabilities.
If you are represented by a union, your union contract may
also prohibit your employer from discriminating against
you on account of your disability. If you think that you
may be unfairly discriminated against at work on account
of a disability, contact your union representative.
For more information on ADA or a free consult, contact us
at
info@freedmanlorry.com or call (888) 999-1962.
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Disclaimer:
Materials on this site have been prepared by Freedman & Lorry, P.C. for general informational purposes only.
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For more information e-mail us at:
info@freedmanlorry.com. |
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