ADA Violation Lawyers | ADA Attorneys
Americans With Disabilities Act (ADA) Violation Lawyers
The ADA prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in regards to job training, hiring, firing, advancement, application procedures, compensation, and other conditions and privileges of employment.
Under the ADA, a person is considered to have a disability if he or she (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such impairment, or (3) is regarded by the employer as having an impairment.
If you are categorized as a person with a disability and you are a qualified employee or applicant for a job, reasonable accommodation should be made under the ADA. Reasonable accommodation may include: making existing facilities readily accessible to persons with disabilities, preventing harassment, job restructuring, modifying work schedules, acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters for disabled persons.
If there is no undue hardship on the operation of the employer’s business, he or she is required to accommodate the known disability of a qualified applicant or employee. Undue hardship is an action that requires an employee to undergo significant difficulty or expense regarding such factors as business size, financial resources, and the nature and structure of an operation.
Employers do not have to lower quality or production standards to make accommodations. They are also not obligated to provide personal use items, such as glasses or hearing aids.
Job applicants cannot be questioned about the existence, nature or severity of their disability, although employers may ask applicants about their ability to perform specific job functions. Job offers may depend on the results of a medical examination, but only if the examination is required for all entering employees who have the same or similar positions. Employee medical exams must be job-related and necessary for the operation of the employer’s business.
Illegal drug use by employees or applicants is not covered by the ADA; the restrictions on medical examinations do not include the testing for illegal drug use. Illegal drug users and alcoholics may be held to the same performance standards as other employees.
ADA Enforcement By The Equal Employment Opportunity Commission (EEOC)
The U.S. Equal Employment Opportunity Commission (EEOC) enforces the employment provisions of the ADA, which includes employers with 15 or more employees. ADA employment complaints may be filed with the EEOC to conduct an investigation and determine whether there is reasonable cause to believe that discrimination has occurred. If the EEOC does not immediately dismiss a charge as frivolous, there is some basis for proceeding with an investigation.
Contact our ADA Violation Lawyers
If you feel that you have been discriminated against in a manner that violates the ADA, you may want to read more about the EEOC investigation process and consult with an ADA lawyer at Zipin, Amster & Greenberg to determine your legal rights.