Disability Discrimination In Employment
America has at times offered little respect to individuals who have or appear to have disabilities. In 1990, however, Congress passed the Americans with Disabilities Act to ensure applicants and employees would be judged on the basis of their ability to work rather than any disability.
The ADA requires employers to work with employees by providing a "reasonable accommodation" that will allow the employees to perform their jobs. Thus, an individual with a disability who could perform his job with a relatively minor accommodation must be provided the opportunity to do the job.
The ADA also prohibits harassment or discrimination against (1) a qualified individual with a disability, (2) an individual with a record of having a disability, and (3) an individual who is not, in fact, disabled but who is regarded as having a disability. The meaning of the term "qualified individual with a disability" is technical and often hard to define. Generally, though, a person with a physical or mental impairment that will limit his or her ability to perform tasks non-disabled people routinely perform -- such as working, walking, dressing, driving, etc. -- for a period of at least six months will be considered disabled.
Employers can be held liable for harassing, demoting, terminating, or otherwise mistreating individuals on the basis of a disability or because they believe the individual has a disability. If you have been subjected to such treatment, call Sullenger Law Office at (270) 443-9401 to schedule a consultation so we can evaluate your case and discuss what we can do to help you.