The Americans with Disabilities Act

The Americans with Disabilities Act of 1990 (ADA) prohibits unlawful discrimination in employment and/or the workplace against a qualified individual with a disability. The ADA also prohibits discrimination against individuals with disabilities in State and Local government services, public accommodations, transportation and telecommunications.  Specifically, the ADA makes it unlawful to discriminate in all employment practices such as:

  • recruitment
  • pay
  • hiring
  • firing
  • promotion
  • job assignments
  • training
  • leave
  • lay-off
  • benefits
  • all other employment related activities.

The ADA also prohibits an employer from retaliating against an applicant or employee for asserting his or her rights under the ADA and makes it unlawful to discriminate against an applicant or employee, whether disabled or not, because of the individual’s family, business, social or other relationship or association with an individual with a disability.

Know Your Rights

To be protected under the ADA, an individual must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning or working.

An individual with a disability must also be qualified to perform the essential functions of the job with or without reasonable accommodation, in order to be protected by the ADA.  This means that the applicant or employee must:

  • satisfy your job requirements for educational background, employment experience, skills, licenses, and any other qualification standards that are job related; and
  • be able to perform those tasks that are essential to the job, with or without reasonable accommodation.

The Murphy Law Group will Fight for your Disability and ADA Rights

The Murphy Law group represents employees who have disabilities and may have been discriminated against in violation of the Americans with Disabilities Act.  We represent individuals in Philadelphia and its surrounding suburbs, including residents of Bucks, Montgomery, Delaware, Chester, and Lehigh Counties, as individuals residing in New Jersey.

If you believe you have been the victim of discrimination because of your disability or if your employer has failed to reasonably accommodate your disability, you should contact an experienced employment attorney.

There are strict deadlines associated with bringing claims of discrimination, including disability discrimination claims. In fact, you may only have 180 days to file a claim or your rights to the claim could be forever waived. If you believe you have been discriminated against you should contact an experienced employment attorney today.  Contact the Murphy Law Group for a free initial consultation today.

Contact Michael Murphy now at 215-375-0961, by filing out our online form here or via email at consult@phillyemploymentlawyer.com.

Recent Posts: Americans with Disabilities Act Claims

Is Drug Addiction a Disability? Yes and No

Recovering addicts may be entitled to protection under federal law Many people who work in addiction treatment assert that addiction is a disease. If that’s the case, then that begs the question: are people who [...]

Disability Discrimination Complaints on the Rise; What Employees Need to Know

Common ways employers may violate the Americans with Disabilities Act In a perfect world, every supervisor would show compassion for disabled employees. Unfortunately, that’s not always the case. In fact, disability discrimination continues to increase [...]

Is Telecommuting a Reasonable Accommodation Under the ADA?

Woman with chronic health condition sues after her request to work from home was denied If your job tasks are mostly accomplished on a computer, chances are you’ve considered the idea of telecommuting. Maybe your [...]

When Your Boss Can—And Can’t—Ask About Your Health

What the law says about medical inquiries What if your boss insisted that your doctor was crazy and demanded that you flush your prescriptions down the toilet? That may sound far-fetched, but one fast-food worker [...]

Do You Qualify for Protection Under the ADA? 3 Questions to Ask

Is a physical or mental impairment making some parts – or even all – of your job more difficult?

What All Employees Should Know About the ADA

How disabilities are covered under federal law Unfortunately, disability discrimination complaints by employees are pretty common. Many of them fall into two categories: People who were denied accommodations on the job. People who were suddenly [...]

Company Forced to Rehire Woman It Fired After Work-Related Injury

Staffer sues employer for violating her rights under the ADA Imagine you were injured on the job. At first, your employer is helpful and accommodating. But as weeks go by and you’re still unable to [...]