A disability is defined by the Americans with Disabilities Act (ADA) as “a physical or mental impairment that substantially limits one or more of the major life activities of an individual.” Employees with disabilities — those who use a wheelchair or with chronic illnesses, for example — are protected from discrimination under the ADA, as are employees the employer “regards” as disabled or who associates with someone who is disabled. Maloney Law & Associates, PLLC, assist employees and employers with ADA issues, including obtaining workplace accommodations.
Employees who have worked for an employer with more than 50 employees for at least a year may have rights under the Family Medical Leave Act.
An employment law attorney from our firm can talk to you about your specific questions regarding the ADA. and FMLA Our in-depth knowledge of both sides of this issue results in comprehensive, well-researched, and highly informed representation. Call our law firm locally at 704-323-8961 or toll-free at 888-321-1955 to arrange a consultation.
The ADA makes it illegal for your employer to discriminate against you based on your disability. Employment discrimination is specifically prohibited as it relates to:
Employees with disabilities are further protected against retaliation for filing discrimination claims, taking part in ADA investigations, or requesting accommodations.
Employers are required by federal law to provide employees with disabilities with reasonable accommodations, provided that the accommodations do not cause undue hardship to the employer. Examples of reasonable accommodations can include:
Employees should file failure to accommodate discrimination claims with the Equal Employment Opportunity Commission (EEOC) to preserve their rights. If an individual has been demoted, fired, or adversely treated based upon discrimination for a disability, he or she may be entitled to relief which may include back pay, job reinstatement, and compensation for emotional distress and punitive damages.
Whether you need accommodations to perform your job duties have questions about what employers can ask and what information you are required to reveal about your health, or need to know more about medical leaves of absence and job protections, call an attorney at Maloney Law & Associates, PLLC. We can be reached by calling 704-323-8961 or toll-free at 888-321-1955. You can also contact us online.