How Am I Protected by the ADA
The Americans with Disability Act (ADA) protects people from discrimination in employment and ensures access to government services, public transportation, public accommodations like stores and hotels, and telecommunications. The Columbus, Ohio, disability discrimination attorneys with the Friedmann Firm focus on helping disabled workers enforce and enjoy their legal rights under the ADA.
Companies, religious organizations, and employee placement services that have more than 15 people on staff must comply with ADA rules. Federal, state, and local government agencies of all sizes must follow the ADA. Employers who violate workers’ ADA rights can be sued for monetary damages that include lost wages, punitive damages, and noneconomic damages like emotional suffering. Getting one’s job back may also be part of an award for a plaintiff in an ADA lawsuit.
Working with an experienced Columbus disability discrimination attorney to file an official ADA charge with the Equal Employment Opportunity Commission or the U.S. Department of Justice’s Civil Rights Division is the primary step to protecting one’s legal remedies. Working with an experienced discrimination attorney may be essential to a positive outcome, because an incomplete complaint may be rejected before anyone even investigates the case. Additionally, there may be other legal remedies available for the disabled employee, which can be waived if not raised at the appropriate time.
Who Qualifies for ADA Employment Protections?
The ADA defines a disabled person as someone who
- Has a physical or mental impairment that substantially limits one or more major life activities (g., hearing, walking, standing, lifting, bending, speaking, concentrating, communicating), or
- Has a history or record of such an impairment, or
- Is perceived by others as having such an impairment.
Qualifying for ADA employment protections requires meeting one or more of the definitions of being disabled and being able to perform the job one currently holds or is applying to get. The individual may need reasonable accommodations to complete the tasks related to the job, but needing an accommodation is not part of the definition of being, or being considered, disabled.
How Does the ADA Protect Employment for Disabled People?
The ADA guarantees equality in “the full range of employment-related opportunities” to people with any form of disability. This extends to:
- Social activities
- Privileges and benefits such as leave and use of company resources, equipment, and properties
Employees who experience harassment, bullying, or other forms of mental, emotional, and physical mistreatment because of their disabled status have protections under related laws like Title VII of the Civil Rights Act of 1964.
What Must an Employer Do Under the ADA?
Companies and agencies cannot automatically disqualify a job applicant or fire a current employee simply because a disability is disclosed or becomes apparent. In fact, the ADA specifically bars hiring managers from asking detailed questions about disabilities during the application and interview process.
When a qualified individual needs or requests an accommodation to do his or her job, the employer must consider providing that accommodation. A standard of reasonableness is applied. For instance, permitting a person with mild cognitive impairment to take extra time to count out money in a till is almost always considered reasonable. Completely redoing a factory floorplan to make space for special assistive equipment may not be deemed reasonable.
Determining what is reasonable involves looking at monetary costs, the productivity of the employee with and without the accommodation, the impacts on co-workers and clients, and the actual existence of a technology or workflow design that accommodates the disability. Consulting with a disability discrimination attorney after being denied an accommodation usually makes sense. The lawyer will be able to apply findings from previous ADA lawsuits to gauge the chances of succeeding with a complaint, or even help negotiate an appropriate resolution with the employer.
The Columbus-based disability discrimination attorneys with the Friedmann Firm offer more information about reasonable ADA accommodations here. If you have additional questions, do not hesitate to request a free, confidential consultation by calling 614.610.9755. You can also schedule an appointment online.
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Rachel was absolutely amazing. As an attorney she really took the time to really listen to my concerns. She was honest and kept me informed every step of the way. The outcome was favorable on my behalf and I appreciate her efforts to achieve a good outcome. I would highly recommend her and the Friedmann firm to represent me if ever needed in future.
Working with Rachel Sabo from Friedmann Firm was absolutely amazing! She upholds integrity, honesty and without a doubt fights for what is right! Rachel was extremely transparent and real! Please don’t let wrong be right, Rachel will strive to advocate and put her whole heart in obtaining resolve in your situation! What an absolute blessing, she won my case in less than 1 week💪
My experience with the Friedmann Firm is an absolute 5 stars. From my very first call with Karen, to all of my communication with Rachel, everything exceeded all of my expectations. Rachel and Karen were so caring and understanding in a very sensitive situation. They responded immediately to any questions or concerns I had. I would HIGHLY recommend the Friedmann Firm. They are caring, professional, understanding, and I would trust them with any issue I have in the future.
Rachel and the Friedmann Firm were fantastic to work with. The thought of needing an employment lawyer was scary for me, it was confusing and complex. But Rachel listened, asked questions and took time to really understand me and my priorities. I felt calm, supported and excited for the first time in weeks after talking to her!! We worked together to review everything, set expectations and meet my priorities! Thanks Rachel and team for all your work!!!
Rachel Friedmann of the Friedman Firm was my attorney for a very recent legal matter. I would highly recommend Rachel based on her legal knowledge, her honest appraisal of the matter and expected outcomes, her open communication and timely responses to my questions and the matter itself, and her steadfastness in dealing with the opposing counsel until a final agreement was reached.
Rachel and her staff went over and above the call of duty to help me achieve fiscal resolution to my legal issue. She wasn’t always available to talk but was always responsive via text and email when in court out of the office and even on vacation. I feel she earned her percentage cut.
Couldn’t be happier with the representation I received from Jamie Bailey on my civil litigation case. She worked tirelessly to resolve the case and in the end negotiated a fair settlement on my behalf. I would highly recommend her to anyone! Thanks for everything Friedman law firm.
Friedman Firm was a great help in a difficult time in my life. They went above and beyond to get me back on track. Rachel was so good to work with and is extremely knowledgeable about the law and employment rights. Can't thank them enough for all there hard work. Highly recommend them to anyone.
The Friedmann Firm (specifically Pete Friedmann) represented me through what seemed like a never ending employment discrimination suit. The suit was filed just before Covid shut everything down in 2020. Add to that a former employer who refused to admit fault. In spite of all of that, Pete stood resolute in his representation of me and working for the best outcome for me. We ended up settling prior to trial and I was more than satisfied with the results. Pete was always available to answer questions and reassure me throughout this process. I highly recommend The Friedmann Firm!
Pete Friedmann and his firm are fantastic. He represented me for more than a year going through a suit with a previous employer. He walked me through every step of the process and was always quick to respond to any questions I had. My settlement came in and we parted ways with both sides being pleased with the outcome. I highly recommend the Friedmann firm and wouldn’t hesitate to use them again in the future if the need arose. Thank you, Pete!
Rachel and the Friedmann Firm have been amazing to work with. Rachel was very helpful, listened to our concerns and took our case. She communicated well throughout and really worked for us. We were very well represented!
I loved working with The Friedmann Firm. Rachel and Jamie are exceptional lawyers and were diligent in reviewing my case and letting me know of my options. Jamie was extremely thorough and handled even the smallest details of my case with ease. The entire process was seamless and they were always quick to respond to emails and calls. I would definitely recommend working with The Friedmann Firm.
I would recommend Rachel Sabo Friedmann and the Friedmann firm for severance negotiations. Rachel was always available and responsive and made an effort to ensure I was updated on every step of the process. Her diligent efforts produced a prompt resolution and we are very happy with the results!