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Those with disabilities are protected under the Americans with Disabilities Act (ADA). Individuals who live with disabilities need to have access to public buildings and other areas throughout the United States. Some businesses and governmental entities may inadvertently engage in discrimination that affects the lives of disabled individuals.
Establishing ADA Claims
Americans with Disabilities claims may involve public or private entities. Oftentimes ADA claims are brought against an employer who discriminates against an employee. Employers have a legal duty to provide reasonable accommodations to all employees. However, this duty does not apply unless the employer had knowledge of the person’s disability. Also, the accommodation cannot be a business hardship. An example of a business hardship would be a person who requests that their employer pay for their surgical procedures.
Assessing Instances of Disability Discrimination
Sometimes acts of disability discrimination are readily apparent to all who observe the conduct. Employers denying employees additional time to accommodate their disabilities is one common example. In many cases the facts are ambiguous and it is difficult to determine if a party has violated the disabled person’s rights. A disability lawyer can help you determine if you have suffered a violation of your civil rights.
How A Disability Lawyer Can Help You
A disability lawyer can provide you exceptional legal representation. However, a disability lawyer can also gather the necessary evidence you need to substantiate your ADA claim. You may not be aware of specific sources of evidence that can help you strengthen your case.
Also, a disability lawyer can negotiate with defense counsel to ensure that you can have the best chance of settling your case before trial. You can obtain financial compensation and reasonable accommodations. If you have a skilled attorney on your side you will be able to develop an effective case strategy.
If your civil lawsuit does go to trial, a skilled lawyer will be able to cross-examine witnesses, offer evidentiary objections, and protect your legal interests. Attempting to represent yourself without an attorney may cause you to inadvertently harm your case.
Reasonable Accommodations Under the Americans with Disabilities Act (ADA)
Employers must provide reasonable accommodations to employees or applicants who have a disability. An employer may be required to modify an employee’s working hours to accommodate their disability. Also, an employer may need to allow the employee to take a specified amount of unpaid medical leave.
It may also be necessary for employers to alter facilities and equipment to assist employees who suffer from disabilities. The most common examples of these alterations include screen magnifiers and mechanisms to assist those who suffer hearing loss.
The American Disability Action Group Represents People Who Have Experienced Disability Discrimination
We understand how humiliating and painful it can be to feel ignored by employers and other authority figures in our lives. The attorneys at the American Disability Action Group can help you seek financial compensation and reasonable accommodations. If you need legal representation then contact us today to schedule a free consultation.