Employment Discrimination Lawyer Explains Workplace Discrimination: An Overview of the ADA
Our Bronx employment discrimination lawyer offers legal services for those persons facing employment discrimination due to their disability. If you believe that you were discriminated against due to your disability, contact our law office so we can help you determine whether or not your legal rights under The Americans with Disabilities Act may have been violated. Our Bronx employment discrimination lawyer can provide you with the information you need to determine how best to proceed.
What Is The Americans with Disabilities Act?
The Americans with Disabilities Act, often referred to as ADA, is a law passed that was passed in 1990 in order to protect the rights of those dealing with some sort of disability. This comprehensive law covers such areas as telecommunications, transportation, public services, and employment. Under the Americans with Disabilities Act, employers are not allowed to discriminate against disabled employees or job applicants. This covers areas of employment such as hiring policies, hiring practices, pay, promotional opportunities, and firing. There are further provisions to protect disabled employees who pursue their rights to enforcement of this act. The Americans with Disabilities Act is enforced by the Equal Employment Opportunity Commission. Employers who fall under the restrictions of the Americans with Disabilities Act are not allowed to discriminate against a qualified worker who also has a disability. The employer must provide what is called “reasonable accommodation” for such workers so long as this accommodation does not cause undue hardship to the employer. The Act also defines what qualified as a disability, people who are protected under the law, and situations in which accommodation must be made. It also defines undue hardship to the employer.
Which Employers Are Covered Under the Act?
Employers who employ 15 or more employees are subject to the provisions of the Americans with Disabilities Act. The Act also covers certain federal employees and even veterans. Some states have laws similar to the ADA that apply to employers with less than 15 employees.
Which Employees Are Covered Under the Act?
There are several different types of disability that fall under the protection of this act. These include:
- Employees who have a physical or mental impairment that limits a major life activity in a substantial manner
- Employees who have a past history of such impairment (a previous disability), and
- Employees who are considered disabled by their employer even if they are not disabled.
If you are not sure if your particular situation falls under the protection of the act, our Bronx employment discrimination lawyer can evaluate your circumstances and help you reach a determination of whether or not you may be a qualified employee in need of the law’s protection.
What Constitutes a Qualified Worker Under the Americans with Disabilities Act?
One of the restrictions of the ADA is that the provisions only apply to qualified workers who have a disability. A qualified worker is someone who is capable of doing the essential duties of the job regardless of their disability, whether or not the employer has made some sort of reasonable accommodation for that disability. Essential duties refer to those parts of the jobs that are necessary, or fundamental, to that particular position. This does not include additional duties that someone may be asked to perform in addition to the necessary duties.
What Is Reasonable Accommodation?
Under the ADA, there are certain situations where an employer must provide reasonable accommodation to a disabled employee. This refers to making some sort of job adjustment that enables the employee to do the job. Reasonable accommodation may involve changing a work schedule or modifying a job duty. It may include purchasing specialized equipment that enables the employee to perform their job duties.
Contact a Bronx Employment Discrimination Lawyer
If You Believe Your Rights Have Been Violated
If you believe that your employment rights may have been violated, you may be able to pursue legal action in order to receive compensation under the American with Disabilities Act. The staff at The Law Offices of Delmas A. Costin Jr. are available to assist you. Call us at (877) 440-0854 in order to reach our Bronx employment discrimination lawyer; we are here to answer your questions and assist you with filing your claim for compensation if you have experienced disability discrimination in the workplace.