DISABILITY DISCRIMINATION

The Problem

Millions of Americans have disabilities that sometimes impede their ability to get or keep jobs.

A person with a disability is protected by the Americans with Disabilities Amendments Act, which protects a qualified person with a disability who can work, with or without a reasonable accommodation, from discrimination in the workplace.

The employee must prove certain things to bring an ADAAA claim. First, the employee must show he or she had a disability, had a history of having a disability, or was regarded as disabled by the employer. Second, the employee must show he or she is qualified to perform the job duties with or without a reasonable accommodation. Finally, the employee must prove he or she has suffered an adverse employment action because of the disability.

In some cases, a person is perfectly capable of performing the job duties if given a reasonable job accommodation such as additional time to complete certain tasks or an altered work schedule. If the employer refuses to give the employee a reasonable job accommodation, the employee may have a claim under the ADAAA.

Defenses

Whether a requested accommodation is “reasonable” depends on the facts.  In some cases, taking a short unpaid leave of absence may be a reasonable accommodation. In other cases, a specific job aid can be a reasonable accommodation. The Job Accommodation Network (www.askjan.org) is an excellent resource because it helps people  search for potential accommodations appropriate for specified medical conditions.

If an employee requests a reasonable accommodation, the employee and employer must discuss what a reasonable accommodation might be under the circumstances.

Moving Forward

 If you believe you have been discriminated against in your employment because of your disability, contact us by clicking Tell Us About Your Problem and filling out the questionnaire.

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