Akron Disability Discrimination Attorney
People that suffer from mental or physical disabilities have all the same rights as others, including the right to go to work and be free from discrimination. Unfortunately, employers do not always uphold these rights. Disabled individuals have historically been excluded from certain employment and societal opportunities due to the discriminatory attitudes of other people. If you have faced discrimination at work based on a disability, it is important to speak to our Akron disability discrimination attorneys today.
The Americans with Disabilities Act
It was in 1990 when Congress passed the Americans with Disabilities Act (ADA) which is intended to provide equal employment opportunities for disabled individuals. Ohio law also includes statutes that protect disabled individuals from discriminatory practices. Generally speaking, these laws make it illegal for employers to discriminate against an individual on the basis of a disability.
Under the law, it is illegal for employers to discriminate against disabled individuals with respect to any aspect of employment. These include:
- Hiring employees
- Promoting employees
- Terminating employees
- Unfair pay
- Inadequate training
Any time an employee’s disability is considered when determining terms, conditions, or privileges of their employment, it is a case of disability discrimination.
Defining a Disability Under the ADA
The ADA has many definitions of a disability. The broadest definition is a mental or physical impairment that significantly limits at least one major life activity. The ADA breaks down this definition even further.
Physical and mental impairments include any physical disorders, diseases, or other conditions that affect the body. Lupus, HIV, traumatic brain injuries, and cancer are some of the most common forms of physical impairments. However, mental disorders such as anxiety disorders, post-traumatic stress disorders, and other mental conditions are also covered under the ADA.
Determining whether a disability substantially limits an employee is more difficult to define. This takes a thorough analysis of how the impairment impacts the employee, and how it would affect other members of the population. An impairment does not need to completely prevent a person from engaging in a major life activity, or even significantly restrict them from doing so.
Major life activities are defined as speaking, walking, standing, sleeping, interacting with others, and working. Essentially, major life activities are defined as the normal activities most people engage in throughout the day.
What is a Reasonable Accommodation Under the ADA?
Disability discrimination encompasses more than just hiring or terminating an employee. Under the ADA, employers are also expected to provide reasonable accommodations for disabled employees. A reasonable accommodation is defined as any modification of the workplace environment or policy that can make it easier for a disabled employee to perform their job. For example, an employer may have to install ramps in the workplace when an employee is confined to a wheelchair. It is important to note that if creating a reasonable accommodation would place an undue burden on employers, they are not required to do so.
Our Ohio Disability Discrimination Attorneys Can Advise You of Your Legal Options
No one should face discrimination of any kind due to their disability. If your employer has discriminated against you, it is important to speak to our Akron disability discrimination attorneys at Coffman Legal, LLC, today. Call us at 614-949-1181 or contact us online to schedule a free case evaluation and to learn how we can uphold your rights.