The Americans with Disabilities Act (ADA) protects individuals from being discriminated against based on their past, current or perceived association with a disability. This federal law applies to almost any employer that has 15 or more employees. Any company that violates the ADA may be subject to civil penalties including fines.
Discrimination can take place at virtually any stage during the employment process. It can happen when someone applies for a job, during the hiring stage and when employers are deciding how to compensate a worker. An employee may also accuse their company’s leadership of discrimination if they are passed up for job training or advancement opportunities or are let go from their role simply because of their disability status.
The ADA defines a disability as any mental or physical impairment that significantly limits a person’s ability to perform certain activities. Individuals with such an impairment are protected under this federal law.
One of the biggest mistakes that employers make that causes them to get sued is that they fail to provide their disabled workers with reasonable accommodations.
Most employers are required to make reasonable accommodations necessary for their disabled employees to carry out their jobs. This includes making changes to the setup of their workspace to make them more accessible, restructuring their employees’ job roles, modifying their schedules and reassigning them to other, more appropriate positions.
Employers may be expected to furnish a disabled worker with an interpreter or reader for policy manuals or examinations. Companies may even be tasked with modifying their devices or equipment to aid their disabled workers in performing their job roles.
Many employers struggle to understand what constitutes making reasonable accommodations. The Equal Employment Opportunity Commission (EEOC) contends that no company should have to make any changes that would reduce their production or quality standards or expose them to some undue hardship.
If you believe that you were unfairly treated in your workplace due to your disability status, then you should consult with an employment litigation attorney. Your Los Angeles County attorney will review the evidence that you’ve compiled and let you know about your prospects if you file suit here in California.