Understanding the Americans with Disabilities Act
What should you do when facing a disability in the workplace? Because disability discrimination is a potential challenge, it’s important to understand the full extent of your rights under the American with Disabilities Act (ADA).
Both employee and employer can benefit from an overview of the ADA.
Before seeking a specific type of work or job, it’s important for a potential employee to understand the essential functions and qualifications required for a job. In addition, an employer must also understand their duty to make a reasonable accommodation for any employee who has a protected right under ADA.
What should employees know about the American with Disabilities Act?
1. Make sure it is a legally recognized disability. Under the Americans with Disabilities Act (ADA), you have a disability if you have a physical or mental impairment that substantially limits a major life activity. Substantial means the impairment must significantly limit or restrict a major life activity, such as hearing, seeing, walking, or working.
2. Ensure you are qualified to do a job. You must be able to perform the essential functions of the job. This means that you must satisfy the job requirements (such as education, skill or licenses), and you must be able to perform your job duties, with or without a reasonable accommodation.
3. If you need it, ask for a reasonable accommodation. A “reasonable accommodation” is an adjustment that allows the disabled person to perform the essential functions of their job, and it cannot cause an undue hardship (significant difficulty or expense) from the employer. An example is a position reassignment, modified work schedule, or providing/modifying work equipment or accessibility.
Do you have a case of discrimination under the Americans with Disabilities Act?
If you or someone you know has been discriminated against as the result of ADA, we can help. The employee rights experts at Wenzel Fenton Cabassa, P.A., are steadfast advocates for justice in the workplace. Give us a call today.