Disability Discrimination

A person with a disability is protected by the Americans With Disabilities Amendments Act. That law protects a qualified person with a disability who can work, with or without a reasonable accommodation, from discrimination in the workplace.

To pursue a claim for discrimination under the ADAAA, the employee must show he or she had a disability, had a history of having a disability, or was regarded as disabled by the employer. The employee also must show he or she is qualified to perform the job duties with or without a reasonable accommodation. The employee must then show he or she has suffered an adverse employment action because of the disability.

Sometimes, an employee can perform the job duties if the employee is given a reasonable job accommodation, such as additional time to complete certain tasks or an altered work schedule. If the employer refuses to give the employee a reasonable job accommodation, the employee may have a claim under the ADAAA.

Whether a requested accommodation is “reasonable” depends on the facts of the specific case. Sometimes, taking a short unpaid leave of absence may be a reasonable accommodation. In other cases, providing some specific job aid can be a reasonable accommodation. An excellent resource for both employers and employees is the Job Accommodation Network (www.askjan.org). This website allows people to search for potential accommodations appropriate for specified medical conditions.

If an employee requests a reasonable accommodation, the employee and employer must discuss what a reasonable accommodation might be under the circumstances.

If you believe you have been discriminated against because of your disability, contact the attorneys at Johnston Tobey Baruch for an evaluation of your claims by clicking the Tell Us About Your Case button and selecting the Employment Law option.

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