Discrimination on the basis of disability can have a negative impact on employment and livelihood and other aspects of life. If you have been a victim of disability discrimination, contact Moore Kuehn today. We can protect your legal rights and provide the experienced representation you need.
The federal Americans with Disabilities Act (ADA) was passed by Congress in 1990. It prohibits discrimination against people with disabilities in employment, public services, telecommunications, and public accommodations. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the employment discrimination provisions in Title I of the ADA.
According to the Act, a disabled person is someone with a physical or mental impairment that substantially limits one or more major life activities. Examples of qualifying impairment include deafness and blindness. People with a history of being disabled in such a manner are considered to have disabilities under ADA.
The Americans with Disabilities Act applies to all employers in the country with 15 or more employees, including local governments. The Act does not apply to state governments, except as it is enforced by EEOC. The Rehabilitation Act of 1973 protects federal employees, offering essentially the same protections as ADA.
Individuals who meet the definition of disabled are entitled to certain protections under ADA, including protection from disability discrimination. As provided in the Act, employers are prohibited from making hiring, firing, promotion, and other employment decisions based solely on a person’s disability. The exception is a job the disabled person is prevented from performing because of his or her disability. For example, a blind person cannot drive a delivery van.
Under the Americans with Disabilities Act, employers are required to provide reasonable accommodation for disabled employees. If the employee requests these accommodations, the employer is expected to do everything possible to fulfill the request. Accommodations may involve:
If you can prove disability discrimination in violation of ADA, available remedies may include:
Caps are set on compensatory and punitive damages, depending on the size of the employer.
Employment law is a complicated legal area that is constantly changing. Like any employment litigation, cases involving ADA violations are complex legal matters requiring in-depth knowledge of the law. It is in your best interest to have an experienced employment attorney by your side in a discrimination claim under the Americans with Disabilities Act.
If you have been a victim of disability discrimination, our New York employment litigation attorneys at Moore Kuehn can help you fight for the remedies and accommodations provided under the law. Call us a soon as possible for experienced representation in a claim alleging violations of the Americans with Disabilities Act.