Charlottesville Disability Rights Lawyer
The Americans with Disabilities Act, or ADA, protects individuals from discrimination on the basis of a disabling condition and requires employers and businesses to take certain actions to accommodate those with special needs. However, many employees may not be aware that they qualify for protection under the ADA.
If you have faced discrimination, retaliation, or harassment due to a disability, you may be entitled to compensation or other legal remedies. A Charlottesville disability rights lawyer from the Spiggle Law Firm could evaluate your case and help you pursue just relief. Standing up for your rights can be made easier with the assistance of an employment law attorney.
Definition of Disability
Employees are protected under the ADA as long as they are considered disabled according to the definition provided by 42 United States Code §12102. The law describes three criteria for a qualifying disability.
First, someone may be entitled to ADA protection if they suffer from a mental or physical impairment that substantially limits their ability to participate in daily activities such as walking, standing, seeing, speaking, thinking, and concentrating. Second, a person may also be considered disabled under this statute if they have a record of this type of impairment.
Finally, an individual can be regarded as legally disabled if they are treated as having a particular type of impairment even if they do not. Short term conditions are covered as well as long-term impairments. A Charlottesville disability rights attorney could review a worker’s medical history and abilities to determine whether they should be considered disabled under the ADA.
Employer Legal Obligations
The ADA requires employers to make reasonable accommodations for qualifying disabled workers. However, if a business owner can show that providing reasonable accommodations would cause undue hardship, they would not be obligated to provide them.
The Equal Employment Opportunity Commission, or EEOC, defines reasonable accommodations as a change in environment or procedures that allows someone with a disability to perform their job duties and enjoy employment benefits as intended.
A disability rights lawyer in Charlottesville may be able to negotiate reasonable accommodation with an employer. Examples of accommodations include:
- Hiring a reader to assist a visually impaired worker
- Adjusting an employee’s schedule to enable medical treatment
- Modifying the height of a desk
- Installing telecommunications for a worker’s hearing impairment
- Transferring an employee to a location with better health care options
- Providing specialized training
An attorney could assist in determining the options for accommodating a disability and presenting these options to the employer or, if necessary, to the party settling a dispute about accommodations.
Consult a Charlottesville Disability Rights Attorney Today
If an employer fails to provide reasonable accommodations for your disability or retaliates against you for enforcing your ADA rights, you may be entitled to compensation or other legal relief. However, employers frequently argue that requested accommodations would cause them undue hardship because of the expense, disruption in the workplace, or other factors.
Working with an experienced Charlottesville disability rights lawyer could improve your chances of receiving accommodations or other remedies. To learn what may be possible in your case, contact our firm today for a free consultation.