Great strides have been made by a number of employers and government agencies to eliminate some of the obstacles that, in the past, have hindered individuals with disabilities from attaining their maximum level of achievement while at work. Nevertheless, there are many employers who continue to discriminate against people with disabilities, particularly when making important employment-related decisions. When such discrimination occurs, the affected individuals are encouraged to reach out to an experienced discrimination lawyer in Cincinnati to learn more about their legal rights.
Congress enacted the Americans with Disabilities Act (ADA) in an effort to fight disability discrimination. The ADA specifically prohibits discrimination and/or harassment in the workplace that is based on one’s disability, and it also forbids employer retaliation against workers who complain or report disability discrimination.
Your Rights under the ADA
Sadly, some employees do not know or understand whether or not they are covered by the ADA. That is why it is crucial for anyone who has questions about their rights under the law to speak with a knowledgeable disability discrimination lawyer as soon as possible. One of the first things that a disabled worker should know is that if his or her employer has 15 or more employees, it will be bound by the provisions of the ADA. Under the Act, employers must make reasonable accommodations for workers who have actual disabilities, so long as the accommodation does not impose an excessive or undue burden on the employer. But the “reasonableness” of accommodations is often debated and questioned. An example of a reasonable accommodation might include modifying or eliminating certain non-essential work duties or transferring non-essential duties to other employees.
Coverage under the Act
To ensure that you are a disabled person who is covered under the Act, you should contact a disability discrimination attorney at Robert A. Klingler Co., L.P.A., particularly if you are interested in establishing a claim. Generally speaking, a disabled individual may be covered by the Act if he or she has either a mental or physical impairment that significantly limits his or her major life activities; if the individual has an impairment that might or might not limit the major activities of his or her life, but the employer treats the individual as though it does; or the individual suffers from an impairment that considerably limits important life activities only because of other people’s perceptions and/or views toward the particular impairment.
Impairments that limit one’s major life activities include disabilities that hinder or substantially restrict one’s ability to do certain acts, such as walk, speak, breathe, work and care for him or herself. With respect to those who suffer from temporary impairments, those individuals might still be covered if those impairments substantially limit a major life activity. Despite the fact that the ADA does not cover all medical conditions, it does protect individuals from being subjected to discrimination based on perceived and/or actual disabilities.
If you or someone you love is disabled and you believe you have been discriminated against in the workplace, contact the attorneys at Robert A. Klingler Co., L.P.A., today for more information.