The ADA Protects Employees With Disabilities
The Americans with Disabilities Act of 1990 (“ADA”) includes robust protections for employees with disabilities in the workplace. At Freedman Law, LLC, Mr. Freedman has assisted hundreds of individuals utilize the protections afforded by the ADA to ensure their job is protected and obtain the reasonable accommodations they are entitled to under Federal law. Federal government employees are similarly protected from disability discrimination and afforded the right to reasonable accommodations pursuant to the Rehabilitation Act of 1973, which mirrors the private sector law.
As a result of the ADA Amendments Act of 2008 (“ADAAA”), courts now recognize the definition of a disability is construed in favor of broad coverage of individuals, to the maximum extent allowable under law. The definition of a disability is a physical or mental impairment that substantially limits one or more life activities; a record of such impairment; or being regarded as having such impairment. The ADAAA clarified that the definition of a “disability” should be broadly interpreted in favor of the employee.
You May Be Entitled To Reasonable Accommodations
If you have a qualifying disability under the ADA, then you are likely entitled to “reasonable accommodations.” Once on notice of a disability, an employer is required to engage in the “interactive process” to help you succeed on the job. The interactive process is a give and take between the employer and employee to determine if there is a reasonable accommodation that will allow the worker to perform the essential functions of the job.