The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities and applies to employers with 15 or more employees. Some individual states and municipalities have additional laws that may apply to smaller companies. Discrimination against a qualified employee because of an impairment is not only morally reprehensible, it is against the law. The ADA was enacted to protect qualified job candidates and employees from discrimination based on a disability. If you can perform the essential functions of your job, with or without a reasonable accommodation, but you have been denied a job or a promotion or have been laid off because of the disability, you may have suffered disability discrimination.
If you can perform your job with reasonable accommodation, your employer must make a reasonable attempt to accommodate your disability. Your employer may not take adverse job actions against you because of your disability or because of your request for an accommodation for special equipment, work rules, job hours, reasonable time off, or a transfer to a different available position.
A disability is a physical or mental impairment that substantially limits a life activity such as breathing, seeing, hearing, walking, sitting, sleeping, caring for yourself, lifting or learning. Even if you are not disabled, you can still suffer discrimination if you are viewed as being disabled. Impairments that may constitute disabilities under the law include: attention deficit disorder, anxiety disorder, autism spectrum disorders, back and/or joint pain, bipolar disorder, blindness, cancer, chronic pain, depression, deafness, epilepsy, heart conditions, HIV/AIDS, learning disabilities, post-traumatic stress disorder, recovering drug addiction, respiratory disorders, sleep disorders, and wheelchair use.
If you believe that you have suffered discrimination based on a disability, contact the attorneys at Pelton & Associates, PC.