Disability Discrimination and Reasonable Accommodation |
|
The Americans with Disabilities Act ("ADA") and state and local laws prohibit discrimination on the basis of disability in all employment practices. An employer may not discriminate against an employee with a disability because of that employee's disability, nor may the employer deny the employee a reasonable workplace accommodation that would allow the employee to perform his or her job.
Disability law can be complex to navigate, as the courts have taken an increasingly narrow view as to who is protected by the law and what conduct constitutes illegal discrimination. Under the ADA, an individual with a disability is a person who 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. Major life activities are activities that an average person can perform with little or no difficulty, such as walking, breathing, seeing, hearing, speaking, learning, and working. A qualified individual with a disability is someone who satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.
An employee with a disability may need to request a reasonable accommodation in order to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. Reasonable accommodation may include things such as making existing facilities used by employees readily accessible to and usable by persons with disabilities; acquiring or modifying equipment or devices; adjusting or modifying examinations or training materials; reassignment to a vacant position; or providing qualified readers or interpreters.
The attorneys at Katz, Marshall & Banks, led by Lisa Banks, who has successfully argued disability cases throughout the United States, have expertise in working with clients to ensure that their employers understand the nature of their disability and the reasonable accommodations required to perform their jobs. They also have experience aggressively litigating disability claims when their clients have been denied such accommodations or have otherwise been discriminated against based on their disability.
See also:
Discrimination
If you are or have experienced discrimination that you are thinking about reporting, or if you have already reported discrimination and are facing retaliation, contact the experienced lawyers at Katz, Marshall & Banks for an evaluation of your case with no further obligation. You can also look at our useful links page for a list of organizations that also provide information on discrimination in the workplace.
