The Americans with Disabilities Act (ADA) is a federal law enacted in 1990 designed to protect individuals with disabilities from being discriminated against. The ADA prohibits discrimination against those individuals who have disabilities in all areas of public life. The ADA applies to areas such as public and private places, transportation, employment, and education. This means that both private and public employers are covered under the ADA.
What Is Considered a Disability under the ADA?
Almost ten years ago, an amendment to the ADA was signed into law clarifying what is considered a disability for the purposes of the ADA. To qualify for protection under the ADA, a person’s impairment must be substantial. Impairment is considered substantial when it restricts or limits a major life activity. Some things considered major life activities are learning, working, walking, breathing, hearing, and seeing.
When Do ADA Protections Apply and What Is Covered?
An employer is required to provide protections under the ADA if the employee has a disability and is qualified to perform the essential functions of the job with or without reasonable accommodations. Essentially, the individual must be able to meet the employer’s requirements, and then must be able to perform the job with or without accommodations. Under the ADA, an employer cannot have any discriminatory practices in areas such as compensation, benefits, hiring, training, firing, and recruiting.
What Is Considered a Reasonable Accommodation?
Employers must provide reasonable accommodations to employees who meet the necessary requirements under the ADA. A reasonable accommodation is generally defined as an adjustment to a job or environment that allows a qualified employee or potential employee with a disability to participate or apply for a position. Some common examples of a reasonable accommodation would be making the workplace accessible to someone with a disability, providing interpreters, and allowing for modified work schedules or specialized equipment. If an employer refuses to make a reasonable accommodation, an employee can pursue his or her rights under the ADA.
Have You Been Discriminated Against by Your Employer Because of Your Disability?
If you believe that you have been discriminated against, you should contact our team of attorneys at the law firm of Rob Wiley, P.C. Our compassionate employment attorneys can assist you in obtaining the remedy you deserve. To learn more, and to speak with an attorney about your case today, contact the law offices of Rob Wiley, P.C. at 214.528.6500 to schedule an initial consultation.
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Can an Employer Fire Someone Based on Their Social Media Posts?, Dallas Employment Lawyer Blog, August 3, 2018.
Can Texas Employers Make Compensation Decisions Based on Race?, Dallas Employment Lawyer Blog, August 9, 2018.