Title I of the Americans with Disabilities Act of 1990 (ADA) took on the protection of disabled Americans from discrimination in the workplace. Previous legislation regarding discrimination on the basis of race, ethnicity, religious, age, and gender discrimination always asserted that when you treat people the same, the result would be fairness in the workplace.
With the ADA, this is not the case. This legislation asserts that treating employees with disabilities the same as everyone else would yield unfair results because disabled individuals will usually need a reasonable accommodation to successfully carry out their work. Thus, Title I of the ADA protects disabled Americans in a way that takes into account the unique nature of what discrimination against a person with disabilities may look like.
What Does Title I of the Americans with Disabilities Act (ADA) Protect?
The ADA applies to employers with 15 or more employees. Essentially, the ADA prohibits covered employers from discriminating a qualified individual who is disabled in all aspects of employment, such as:
- Job application process and procedures
- Hiring practices
- Firing practices
- Workplace conditions
- Job advancement and promotion
- Compensation
- Job training
- Conditions of employment
If a person is qualified for the essential aspects of a job, and they have any disability, whether it be physical, emotional, cognitive, or something else, an employer cannot discriminate against them based only on their disability.
As previously states, the ADA takes into account the fact that fair treatment of a person with a disability may very well involve the employer having to provide reasonable accommodations to that person. In fact, the ADA requires an employer to provide such reasonable accommodations. This means something that allows the disabled individual to do their job, but does not place an undue hardship on the employer. Undue hardship is generally defined as something that would be too difficult or too expensive to provide.
The U.S. Equal Opportunity Commission is tasked with regulating and enforcing the ADA. A discrimination charge usually must be filed within 180 days of the allegedly discriminatory act. If there is an applicable State or local law that protects against disability discrimination, you may have longer to file your claim.
New York City Employment Litigation Attorney
If you have been the subject of disability discrimination, Attorney Thomas M. Lancia is here to not only inform you of your legal rights, but also to enforce those legal rights. Discrimination based on disability is unacceptable in any aspect of employment. Attorney Lancia protects the rights of employees to be free from such toxic work conditions. As a skilled New York City employment litigation attorney, Attorney Lancia is prepared to bring your case to court to make sure that your employer or former employer is held accountable for any violations of the ADA. Get legal counsel you can trust. Contact Attorney Thomas M. Lancia today.