The Americans with Disabilities Act (ADA) was created to protect disabled employees from discrimination in the workplace. Under the ADA, persons who suffer from a disability cannot be discriminated against in workplace recruiting, hiring, promotions, pay, terminations or in any other form. If you feel that you have suffered discrimination on the job due to a disability, contact our law office to discuss your case with our Bronx police brutality attorney.
Who Is Considered Disabled Under the Americans With Disabilities Act
Under the ADA, disabled persons are anyone who:
- Suffers from a severe physical or mental impairment that substantially inhibits their ability to perform major life activities;
- Has a record documenting a severe physical or mental impairment; or
- Is perceived by the employer as suffering from a severe physical or mental impairment regardless as to whether the presumption is accurate.
If you are unsure if you would be considered disabled under the ADA, contact our Bronx police brutality lawyer for more information.
Bronx Police Brutality Attorney Explains the Importance of Being “Qualified”
Persons who suffer from a disability must still be qualified to perform the jobs for which they apply and are subsequently hired. A person is considered “qualified” if:
- He or she satisfies the prerequisites for the job (possesses the required skills, education, training, etc.); and
- He or she can perform the essential duties of the job with our without reasonable accommodation from the employer.
For example, if a person who suffers from a disability that inhibits their ability to stand for more than 15 minutes applies for a job that requires employees to stand for hours at a time, that person would not be considered “qualified” for that position, and thus it would not be considered discrimination if they were not hired or were subsequently fired due to their inability to perform essential work tasks.
If a person is qualified for a job yet is still discriminated against due to their disability, then that person may have a valid disability discrimination claim against their employer.
Proving a Disability Discrimination Claim
In order to successfully prove your disability discrimination claim, your Bronx police brutality attorney must be able to show the following:
- That you suffer from a disability, have a history of disability or were perceived by your employer as having a disability;
- That you were qualified for the job and were able to perform the essential duties of your employment; and
- That you suffered some type of negative action as a result of your disability (you were fired, your pay was cut, you were passed over for a promotion, etc.).
Under the ADA, employers are also required to make reasonable accommodations for persons with disabilities if doing so would not unjustly burden the employer. In order to prove a case for failure to provide reasonable accommodations, your Bronx police brutality lawyer must be able to show that:
- You suffer from a disability;
- You informed your employer of your disability, and you requested a reasonable accommodation; and
- Your employer refused to provide the accommodation even though one was available and doing so would not have caused any undue hardship for the employer.
Contact Our Bronx Police Brutality Attorney
If you believe that you have been the victim of disability discrimination in the workplace, contact our Bronx police brutality attorney to discuss your case. We have successfully represented clients in discrimination claims against employers and have the knowledge and experience needed to help you with your claim. Call the Law Office of Delmas Costin, Jr. at (718) 618-0589 for a personalized consultation to find out what options you may have available in your case.
930 Grand Concourse
