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.
Rachel and Dominick were incredibly helpful throughout the entire process. They got back to me quickly, whenever I had questions, which helped me stay calm during a very stressful time. Rachel was confident in her abilities and knowledge of the labor laws, and she was able to secure a settlement for me. If you ever find yourself in a situation that requires you take action against an employer, I would highly recommend the Friedman Firm. There's no one I would recommend more to be in your corner.
If you are in need of an employment attorney, this is your sign to talk to Rachel and Jamie. Amazing!! They handled my case like the true professionals they are! They stuck to a strategy, even when it seemed like it wasn’t going our way and BAM! We get the outcome we wanted. I couldn’t be happier and I will always return to them if I EVER have an employment issue again. Thank you so much for helping me and my family!
Dedicated! Thorough! Detailed! Professional! Personable! I can keep going with the many qualities Pete and his team have. I highly recommend him!!! You won't be disappointed.
I needed an employment lawyer to work through a non compete. Pete at The Friedmann Firm was listed as one of the three best rated employment lawyers on a local website. I called him in the morning and later that night he was on the case and provided sound council through a very tense negotiation. Don’t take a chance with your career, reach out and get good council. Pete was very responsive every step of the way and delivered positive results. I highly recommend Pete and his Firm!
Rachel was top-notch from start to finish. She was responsible, professional, quick to respond to emails, texts or phone calls. She gives it to you straight, which I prefer! She thinks outside the box and is definitely the dog you want in the fight for you. She does not waste time and immediately dives right in to get the best results she can for you. I would highly recommend Rachel and her firm to anyone who wants to get the job done right, the first time, in a professional, compassionate and decisive manner.
My wife used this firm for a matter she had with her former employer. She could not have been more satisfied with their services. They were timely in responses, courteous, and very thoughtful. This was a difficult process for her and Pete made it so much easier by handling all of the details of her case.
Rachel Sabo of The Friedmann Firm believed in me when no one else did & helped me through every step of my legal process. Very happy with the firm’s professionalism & dedication to my case.
I called them with some questions about my employment and Jamie was very helpful. I didn’t need an attorney to handle a case for me - only to help me navigate an issue I was having at work. She answered my questions and I felt she truly listened to me. I’d recommend this firm to anyone looking for an employment lawyer. Thank you!
Pete resolved issues I was having with my employer in a quick and favorable manner. He is also easy to talk to and understands his clients rights AND needs. You’d do right to call The Friedmann Firm.
I had a terrific experience with Rachel. She handled my case in a very professional manner. She made herself available and always kept me updated. Her knowledge of the law is incredible. She took the time to educate me on the legal processes so I understood what was happening with my case. Thank you Rachel for helping me navigate a most difficult situation. I am so thankful to have had you as my attorney. You have my highest recommendation.