An Attorney Protecting Disability Rights In Employment
If you have a disability, you have the right to ask your employer to make a reasonable accommodation. At minimum, your employer must agree to have a conversation with you about accommodations that allow you to perform your job. If your employer refuses or retaliates against you, I am prepared to take legal action on your behalf.
Understanding The Americans With Disabilities Act
The Americas with Disabilities Act (ADA) requires employers to provide reasonable accommodations to individuals with disabilities. The law defines “disability” as a “significant impairment in a major life activity,” and it requires employers to offer reasonable accommodations to employees with legally recognized disabilities.
Reasonable accommodations can include:
- Job modifications
- Shift changes
- Changes in hours worked
- Time off for doctor’s appointments
- Medical Leave
- Transfer to an open position
To qualify for an accommodation, you must be able to perform the essential function of your position with or without the accommodation. Your employer must agree to sit down with you to discuss reasonable accommodations. Refusing to have this discussion is against the law.
If your employer refuses to accommodate or retaliates against you, there are two very important steps you must take. First, file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC). Second, seek legal assistance.
You May Have A Claim Even If You Don’t Have A Disability
“Regarded as” claims are one of the provisions of the ADA. When an employer treats an employee’s medical condition as more disabling than it really is, that individual may be protected by the “Regarded as” provision of the ADA. For example, if you suffered a work-related injury and your doctor releases you to return to work with no restrictions but your employer refuses to allow you to return to work because it is afraid you will reinjure yourself, you may have a claim.
Contact The Firm To Discuss Your Case
I have more than 30 years of legal experience. I focus exclusively on employment law. As a litigator, I am thorough and determined. My clients appreciate the intensive support I provide throughout the litigation process.