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Philadelphia Disability Discrimination Attorneys and ADA Violations

A person with a disability may have a physical or mental impairment that substantially limits one or more major life activities. Title I of the Americans with Disabilities Act (ADA) of 1990 bars private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

A fit employee or applicant with a disability is a person who, with or without reasonable accommodation, can do the vital functions of the job in question. Reasonable accommodation may include making existing facilities used by employees readily accessible to and usable by persons with disabilities, job restructuring, modifying work schedules, reassignment to a vacant position and attaining or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

Employers are required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an undue hardship on the operation of the employer’s business. Undue hardship is described as the action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.

Disability discrimination happens when an employer denies a disabled employee (as defined under the law) the measures of protection that the various city, state, and federal laws intend to provide for the disabled employee.

Such protection also extends to perceived disabilities, although they are actually not disabled. If the employer thinks an employee is disabled and discriminates against the employee, it may be unlawful, even if the employee is not in fact disabled.

Disabilities may include a mental or physical impairment limiting one or more major life activities. The law prohibits employers from discrimination against qualified employees on the basis of their disability. If you are a person with a disability who can perform the essential functions of the defined position, then you may well be a qualified job applicant or disabled employee. You may be similarly protected if your employer wrongfully perceives you as disabled although you are not, and discriminates against you because of that erroneous perception.

Employers, by law, can not discriminate against qualified individuals with a disability in any and all phases of the employment process, including but not limited to recruitment, job application procedures, hiring, firing, promotions, benefits, compensation, job training, job assignments, and other terms, conditions, and privileges of employment.

Examples of conduct which might meet the level of disability discrimination include:

  • Your employer maintains a workplace that poses substantial physical barriers to the movement of people with physical disabilities.
  • You are in a wheelchair and you work in a building without elevators. Your employer refuses to assign you with workspace on the ground floor to allow you to work, even though workspace is available on the ground floor, and it would not disrupt or interfere with your right to perform if you were relocated to the ground floor.
  • Although you have always received positive performance evaluations at work, your employer begins to criticize you, without justification, after you took days off to care for your disabled child.
  • You complained to your employer about the constantly hostile and harassing behavior of your coworkers because of your disability, but your employer does not do anything to help resolve the situation and instead ignores the harassment.

Other Areas of Discrimination:

Call Sidney L. Gold & Associates, P.C., today for a free assessment of your disability discrimination claim.

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