DISABILITY DISCRIMINATION LAWYER IN PA & NJ

Frequently Asked Questions for Your Disability Discrimination Attorney

What is the Definition of a Disability?

The main statute that protects individuals from disability discrimination is the Americans with Disabilities Act, or the ADA. The ADA defines a person with a disability as an individual with “a physical or mental impairment that substantially limits one or more major life activities of such an individual.” This definition includes individuals who have a record of physical impairment and thus covers individuals who may not currently have a disability. Lastly, the ADA includes individuals who do not have a disability but are “regarded as” having a disability. This includes individuals who have an impairment that does not substantially limit major life activities.

What Qualifies as Disability Discrimination?

Put into the simplest terms, disability discrimination occurs when an employer or other entity covered by the ADA treats an individual with a disability as defined under the statute unfavorably because of that individual’s disability. Some examples might include:

• Not hiring an individual because of their disability
• Limiting an individual’s access to promotions or paying a disabled employee less than others
• Intentionally placing substantial physical barriers to the movement of disabled people within the workplace.
• Being asked questions as a job applicant about past or current medical conditions
• Failing to provide an individual with basic tools or amenities needed to perform their job that the entity is fully capable of providing
• Refusal to provide a reasonable accommodation for a disability, even though the necessary documentation was provided

What is a Reasonable Accommodation?

A reasonable accommodation is a change made that allows a person with a disability as defined under the ADA to perform the essential functions of that job and ultimately enjoy the same job opportunities as other employees. Changes may be implemented in a way that affects how the job is performed, to the overall work environment,  the hiring or application process, or the job as a whole. A person with a disability must still be able to perform the essential functions of the job to be entitled to reasonable accommodation. The request for reasonable accommodation is evaluated on a case-by-case basis. Some examples of reasonable accommodation may include:

• Allowing a flexible schedule
• Improving accessibility in the work area
• Modify or adjust equipment or software needed to perform job duties
• Modify or reassign job tasks
• Reassigning an employee to a vacant but equal job position

How do you Prove Disability Discrimination?

Generally speaking, when you bring a disability discrimination case against an employer or other entity, there are three elements that you have to prove in order to have a successful case. First, you have to demonstrate that you have a disability that meets the definition under the ADA. Secondly, you have to demonstrate that you are qualified for the position, regardless of whether you need a reasonable accommodation to perform the job duties. For example, if you’re seeking employment opportunities as a graphic designer, you would be able to show that you are qualified for the job by presenting your college degree in graphic design and listing your prior experience, and identifying other certifications or credentials. Lastly, you must be able to demonstrate that you experienced an adverse action because of your disability. You could do this by showing that you were passed over for a promotion opportunity because of your disability, despite your qualifications for that job. Contact the experienced attorneys at Zeff Law Firm to discuss your case.

Contact our Disability Discrimination Lawyers for a Free Consultation

If you have a disability and have tried countless times to work with your employer to receive an accommodation that would allow you to perform your job better, it may be time to discuss your situation with a discrimination attorney. Additionally, if you suspect you have lost job opportunities or do not have access to the same benefits, pay raises, or rights as other employees, you may also want to consider talking to an attorney in Philadelphia or Mount Laurel. A disability discrimination lawyer from the Zeff Law Firm can discuss your work environment with you and help you determine if you have a disability discrimination claim against your employer.