Are you aware of the protections you have under the American with Disability Act (ADA)? The ADA is in place to protect workers from discrimination. It ensures access to government services, public transportation, commercial stores, transportation, and telecommunications. The act stops employers from discriminating against workers with disabilities.
Which Employers Are Required to Follow ADA Rules?
All organizations with more than 15 employees are legally obligated to follow ADA rules, including avoiding discrimination against individuals with disabilities in employment situations including promotions, hiring practices, pay scales, training expectations, benefits, company resources, and more. If an employer does not follow ADA rules, it is a violation of the workers’ rights. The worker can then sue their employer.
The result of an ADA lawsuit could include the following:
- Compensation for lost wages
- Emotional pain and suffering compensation
- Front pay
- Attorney’s fees and costs for pursuing your claim
If you want to file an official charge of an ADA violation, discussing your situation with a Columbus employment attorney is a first step. In order to secure ADA protections, there are definitions that need to be met.
How Are ADA Guidelines Followed?
First of all, organizations are not allowed to throw an applicant out of the pool of qualified candidates because of a disability. Hiring professionals are not permitted to ask certain questions in connection to disabilities during the hiring process either. Similarly, a company cannot fire an employee because a disability is brought to light.
If an accommodation is needed for an employee to complete their work tasks, it is up to the employer to provide a reasonable accommodation. An example could be making adjustments to a workplace for wheelchair use. This could include installing a ramp, making modifications to a restroom, or adjusting a layout to afford the space needed for a wheelchair to navigate an office area safely.
There are also times when hearing-impaired employees benefit from software with dictation features or a worker who is visually impaired needs a screen magnifier added to their computer.
When determining if an adjustment is reasonable, financial cost will be considered along with the impact to the company as a whole. A Columbus employment attorney can assess the situation if an accommodation is denied. They have the experience of working on other ADA lawsuits related to employers’ failure to engage in the interactive process, failure to provide reasonable accommodations, and/or adverse employment actions (such as termination, demotion, suspension, failure to promote, failure to hire) because of employees’ disabilities.
In situations when an accommodation would result in undue hardship for the business, the accommodation may not be possible, even with ADA protections. Often, how reasonable a change is depends on the size and structure of the business. A large organization could have more resources, for example.
Do you believe your employer violated the American with Disability Act (ADA)? Discuss what happened with a Columbus employment attorney. A lawyer can also provide you with information about what is legal, reasonable, and expected within ADA guidelines. Call 614-949-1181 for a free and confidential consultation.