Americans With Disabilities
The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations that allow a disabled person 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.
The employment attorneys at The Cochran Firm are committed to upholding the standards of excellence set by founder, Johnnie L. Cochran, Jr. We are dedicated to your worker rights and recovering for you the money you deserve.
About the ADA
The American Disability Act was signed into law on July 26, 1990. It 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. The only way an employer can get out of making these accommodations is if they present an “undue hardship.”
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.
It is devastating when employers discriminate based on an employee’s disability. If you need legal representation, please contact the results-driven employment attorneys at The Cochran Firm today, serving clients in regional offices throughout the United States.