Passed in 1992, the Americans with Disabilities Act requires employers to make "reasonable" accommodations for disabled employees. Reasonable accommodations are those that do not impose a serious hardship or expense on the employer.
In addition to making buildings physically accessible, companies must make reasonable modifications to policies, practices and procedures to ensure effective access. Many companies have resisted or have made only minimal efforts to comply.
The law office of Adam M. Porter in Birmingham, Alabama, has extensive experience representing those whose rights have been violated and who are protected under the ADA.
If your employer refuses to make a reasonable accommodation after a timely request, you may be a victim of discrimination.
Numerous court cases have been dismissed based upon a finding that the individual filing suit did not have a disability as defined under the ADA. We offer a free consultation in which we can assess the facts of your case and provide an honest opinion as to whether you have a strong discrimination case based on ADA guidelines.
We Help You Determine If You Have A Case
The first step is determining whether an employee has a "disability" as defined under the law. The ADA defines disability as a physical or mental impairment that substantially limits a major life activity. An "impairment" may be physiological, mental or psychological. Major life activities include things like walking, seeing and breathing.
Since the early 1990s, federal courts have identified additional major life activities such as sitting, standing, bending, communicating, lifting, reaching, sleeping, eating, reading and mental/emotional processes such as thinking, concentrating and interacting with others. All of these major life activities mentioned above are now specifically included in the ADA definition of major life activities due to the ADA Amendments Act of 2008 (ADAAA).
In addition, Congress broadened the definition of major life activities to include the operation of major bodily functions, such as: the functions of the immune system; normal cell growth; and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.
The next consideration is whether the disability substantially impairs that activity. Medical documentation is a good starting point for determining disability since it may include information on limitations related to an impairment.
Schedule A Free Consultation With Our Experienced ADA Lawyer
I am an experienced Birmingham Americans with Disabilities Act attorney who can help you determine if you have a case against your employer and what steps to take next. Call 205-588-2261 or toll free at 800-809-5913, or email to schedule an appointment.