Has your employer violated the Americans With Disabilities Act?
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Has your employer violated the Americans With Disabilities Act?

On Behalf of | Jan 28, 2021 | Firm News

If you have a disability, employers have certain responsibilities under the federal Americans With Disabilities Act. Sometimes, violations of your ADA rights are obvious, but others may be less noticeable.

Review these common ADA violations that may impact your ability to work.

Refusal of reasonable accommodations

While your employer does not have to honor every single accommodation request, they do have to show that it would be too difficult or expensive to do so. Examples of common accommodations include flexible work schedules, assistive devices and accessible facilities that allow you to receive the same benefits as an employee who does not have a disability.

Loss of promotion opportunities

You may have an ADA claim if your employer demotes you or fails to promote you to a position for which you qualify. You must provide documentation indicating that your disability status resulted in the demotion or lost promotion. Federal law considers a person disabled if he or she experiences significant limitations that last at least six months because of mental or physical impairment.

Job application denial

If you meet the qualifications for a position, the employer must give you reasonable accommodations for an interview unless doing so would be unreasonable or cost-prohibitive. This provision of the ADA applies when you can fulfill the job’s essential functions, even if you would need reasonable accommodations to do so.

Generally, you must receive the same opportunities as other employees in the workplace if you have a disability. Examples include training courses, projects, benefits, promotions and other chances to fulfill your career potential and meet the expectations of your role.