Were you the victim of discrimination because of a disability? Did your employer fail to make reasonable accommodations required under federal law? You may have a valid case under the Americans with Disabilities Act (ADA). An employer’s failure to comply with the ADA can result in liability.
Shelton Law Practice, LLC represents employees who have been discriminated against under the Americans with Disabilities Act (ADA). Our legal team will help you understand your rights including your right to damages based on discriminatory practices. If your employer failed to comply with the ADA or you experienced disability-based discrimination, contact our office at (404) 865-3771 to request a case consultation.
What Is the Americans with Disabilities Act (ADA)?
Passed into law in 1990 and amended in 2008, the Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination. Most employers must follow the regulations set forth in the Act and by the Department of Justice.
Furthermore, the ADA protects employees against discrimination on the basis of their status as a disabled person. While all physical or mental ailments may not qualify as a disability under the ADA, the term disability is broadly defined under the Act.
Therefore, whether you actually have a disability, have a record of a disability, or your employer mistakenly perceives you as being a disabled person, you may be entitled to the protections available to workers under the ADA.
What Qualifies as Disability Discrimination?
Disability discrimination can include many unethical and unlawful practices such as failing to make reasonable accommodations or utilizing standards that have a discriminatory effect.
Disability discrimination can take various forms, including, but not limited to the following:
- Impermissible Medical Inquiries and Examinations
- Disparate Treatment
- Failure to Accommodate
- Retaliation for Requesting an Accommodation
At Shelton Law Practice, we advocate for employees who have been subjected to disability discrimination and we hold employers responsible when they fall short under the ADA. If you believe your rights have been violated as a result of unlawful disability discrimination, we can help.
Who Has to Comply with the ADA?
According to the ADA, employers with 15 or more employees must comply with the regulations set forth in the Act or by the Department of Justice. Therefore, the majority of employers in the United States must meet the standards set forth in the ADA and are prevented from engaging in disability-based discrimination.
What Is a Reasonable Accommodation?
The ADA requires that employers make reasonable accommodations for employees with disabilities. Compliance with this portion of the ADA includes making facilities “readily accessible to and usable” by employees with disabilities and allowing modifications within the workplace.
Modifications in the workplace to accommodate a person with disabilities may include:
- Job restructuring
- A modified work schedule
- Reassignment to another job
- Acquisition of necessary devices
- Modification of equipment
- Adjustment to examinations, trainings, or policies
- Adding “qualified readers or interpreters”
If your employer failed to make reasonable accommodations despite your mental or physical disability, you might be entitled to damages. It is important to discuss your case with a lawyer as soon as possible.
What to Know About Disability-Based Discrimination
Disability-based discrimination may not be readily apparent. In some cases, it is ingrained within a company’s systems and practices. For example, an employer that has hiring criteria that prevent a person with a disability from being considered for a position may be in violation of the ADA.
It may also occur if an employer denies a person from receiving the same benefits as other employees. Regardless of the circumstances, you should always consult with an attorney if you suspect an ADA violation.
Did Your Employer Engage in Disability-Based Discrimination?
If your employer engaged in disability-based discrimination, you need an experienced lawyer to help you understand your rights. Contact our office at (404) 865-3771 to request a case consultation.
All consultations are confidential and provided without obligation to retain our firm. It is unlawful for your employer to retaliate against you for bringing awareness to their discriminatory practices.
