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The Americans with Disabilities Act of 1990 (ADA) - Disability Related Employment DiscriminationThe Americans with Disabilities Act of 1990 (ADA) protects you from discrimination if you have a qualified disability. It provides for equal opportunities in employment, and in state, local and federal services, public accommodations and transportation. Banik and Renner, disability discrimination attorneys, represent employees suffering from disability discrimination in the workplace. You are covered by the ADA if:
- Your employer has 15 or more employees and is a private, state or federal employer
- You have a qualified disability
- Has a physical or mental impairment that substantially limits one or more major life activities, for example: breathing, walking, hearing, seeing, eating, sleeping, and may include conditions such as cancer, diabetes, epilepsy, cognitive disorders, and others
- Has a record of such impairment
- Was regarded as having an impairment when experiencing discrimination
- See www.eeoc.gov/laws/types/disability.cfm for more information about what is considered a qualified disability under the ADA
- Adjusting or modifying examinations or procedures used to qualify the individual for the position
- Making the work environment accessible to the person with the disability, for example; moving a desk or office to a ground floor or closer to the entrance or restroom, acquiring appropriate workstations, keyboards, extra-large computer screens or special lighting or modifying the equipment used by the individual
- Restructuring the job, modifying the work schedule or re-assigning to another available position that would meet the limitations of the individual without imposing undue hardship to the employer
- Customizing the accommodation to the individual. No two individuals with the same disabilities will need the same accommodations
- See EEOC Guidelines on reasonable accomodation for more information regarding reasonable accommodation.
- Turned down for a job, or advancement?
- Paid differently than similarly situated co-workers?
- Given different performance expectations?
- Treated differently regarding recruitment, tenure, layoff, leave, fringe benefits?
- Fired, demoted, laid off or put on a Performance Improvement Plan and feel it is because of your disability?
At Banik & Renner, our disability discrimination lawyers sue employers for discrimination in the workplace related to violations of the ADA. However, if you are still employed and experiencing discrimination we can assist you in presenting your need for accommodation to your employer. We can assist you in understanding how your employer might accommodate your disability to enable you to perform the essential functions of your job and how to present that request to your employer. We can also explain the concept of reasonable accommodation to your medical provider so that he or she can better understand how to express your medical limitations in light of your particular job requirements.
We help address ADA issues before the employer/employee relationship is so damaged that it is destroyed.
Discover what benefits and protections you are entitled to under the law. Knowledge is Power.
Why choose Banik & Renner?
- Personal service with no assembly line representation
- The lawyer you meet with is the lawyer who represents you
- We are local attorneys who have practiced in the community since graduation from Notre Dame Law School three decades ago
- We attend seminars and remain current in our areas of practice
- We ask questions and we really listen to your answers to help you
- We will not “hard sell” you on our representation
- We explain your options in words you can understand or keep trying until you do
What do I need to do before meeting with an Attorney?
- Write down a list of all the events that have occurred related to your disability and issues at work including the date, who was involved and what happened
- If you have information from your doctor about your medical conditions bring that with you.
- If you have been working with a FMLA leave, bring that paperwork with you
- If you have received warnings, or write-ups bring that paperwork with you
How do I contact Banik & Renner?Click here to contact us or call 574.293.7170 for more information or to schedule a CONSULTATION.
The Americans with Disabilities Act Frequently Asked QuestionsI don’t want to sue my employer, is there anything I can do?
Yes, meet with a disability discrimination attorney at Banik & Renner. Understanding the law and your rights empowers you to take appropriate action. Meeting with an attorney before there is a crisis at work is the best thing an individual with a disability can do. We can help you explore reasonable accommodations to discuss with your employer
Are psychiatric illnesses covered under the ADA?
Yes, mental and physical illnesses are covered under the ADA.
What are my employer's obligations to accommodate me.
What accommodations might be reasonable differ for each situation. You must be able to perform the essential functions of your job with reasonable changes to allow you to do so. For example if you are a secretary and that is your primary duty, it would be reasonable to provide you with a large computer monitor if you developed a permanent vision problem and a larger screen would enable you to do your job.
How do the ADA and the FMLA leave work together?
The relationship between the ADA and the FMLA is complex. You may or may not have been granted leave under the FMLA for an accident or injury. If the illness was unexpected, it is sometimes possible to retroactively apply for and have FMLA approved by your employer. This is particularly true for emergency medical conditions. The accommodations under the ADA typically apply only to serious medical conditions that are chronic, typically anticipated to last more than one year. For example, the ADA would normally not apply to minor, non-chronic conditions, like the flu, or a broken leg, bronchitis, and the like. So, in some instances, you might be entitled to leave under the FMLA yet you would not be covered under the ADA.
I don’t know what kind of an accommodation I might be entitled to and I am afraid if I ask I will lose my job. What should I do?
You should start by discussing your specific job responsibilities with your doctor. How long do you have to sit, stand, talk on the phone, what is the stress level, is it hot, cold, noisy, what kind of pressure are you under at work, what kind of boss and co-workers do you have? Once your job duties have been clearly explained to your doctor, he or she may have specific recommendations regarding your medical related limitations and how you could be accommodated so as to continue doing your job.
At Banik & Renner we can help you talk to your employer. We assist clients and their employers in designing accommodations that work for the employee and the employer. By understanding the ADA and being able to discuss your specific needs and the reasonableness of the suggested accommodations, we have been successful in helping employees retain their jobs.
For more information go to www.eeoc.gov/policy/docs/fmlaada.html
See also www.eeoc.gov/laws/statutes/adaa_notice.cfm