DISABILITY DISCRIMINATION

Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.

An individual is considered disabled and thus deemed a qualified employee eligible for the protections of the ADA if he or she:

• Has a physical or mental impairment that substantially limits one or more major life activities;
• Has a record of such an impairment; or
• Is regarded as having such an impairment (also known as having a "perceived disability.")

After establishing a disability, the individual must show that he or she is able to perform the essential functions of his or her job, either with or without a reasonable accommodation, in order to qualify for protection under the ADA. Reasonable accommodation may include, but is not limited to, the following examples:

• Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
• Job restructuring, modifying work schedules, reassignment to a vacant position;
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA. Such actions will most likely subject the employer to liability for retaliatory conduct.

FOR EMPLOYEES: If you feel that you were denied a position due to your actual or perceived disability, or due to your refusal to answer questions about the same in an application, or have not been offered reasonable accommodation in light of your disability, please call me at 215-545-8917 to discuss your situation.

FOR EMPLOYERS: If you are an employer with questions about how you should treat a particular employee, want to implement policies and practices to comply with the ADA, avoid lawsuits, and mitigate damages in lawsuits, please call me at 215-545-8917 to discuss your situation.

• Elder Law
• Employment Law
• Litigation