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:
- job assignments
- 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 email@example.com.
Recent Posts: Americans with Disabilities Act Claims
There are no formal procedures, but there are things you should know Perhaps you’ve suffered an illness or injury. If so, like many other Americans, one day you may need to request accommodation under the [...]
Job and schedule modifications are only the tip of the iceberg Do you have a physical or mental health condition that makes it hard for you to do your job? The Americans with Disabilities Act [...]
What employers do and do not have to do Under the Americans with Disabilities Act (ADA), employers are required to make certain accommodations for workers with disabilities. “Reasonable accommodation” is the term used for changes [...]
You arrive at a job interview and when greeting your potential employer, he notices your tinted glasses and asks, “Do you have a problem with your vision?” You hesitate to answer but he persists, asking [...]
What is a reasonable accommodation? A reasonable accommodation means a change to the job or working environment that enables an employee with a disability to perform the essential functions of the job, or that enables [...]
In most states, including Pennsylvania, employment is “at-will.” In general, an employer can fire an employee from his or her job at any time and for any reason without recourse by the employee. On the [...]
What is the difference between retaliation and interference with disability rights? In addition to prohibiting employers from “retaliating” against an employee for asserting his or her disability rights, the Americans With Disability Act (ADA) includes [...]