While any person with a disability deserves the right to employment, in so much as he or she is able to perform a job, not every limitation is considered a “disability” within the parameters of the Americans with Disabilities Act (ADA). This brings into question the meaning of disability, and what types of impairments require employers to provide reasonable accommodations to employees. Without question, for those that feel as those they are being discriminated against, the process can be an up hill battle requiring the expertise of a qualified employment or civil rights attorney.
For purposes of the Americans with Disabilities Act, a legitimate disability is a physical or mental impairment that dramatically limits a major life activity, as stated by NOLO.com. Moreover, major life activities include walking, reading, bending and communicating. Also included are physiological functions pertaining to the immune system, normal cell growth, digestion, bowel and bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive systems. Consequently, if the impairment does not interfere or substantially impact one’s ability to perform a major life function, it is not considered a disability under the ADA.
Are You Qualified?
Given a better understanding of what constitutes a disability, there is another prerequisite to being protected under the law. An individual must be “qualified.” In other words, a person must have the knowledge, skills and abilities necessary for the job, even if he or she requires some assistance or modifications.
In this case, employers must (under the ADA) be willing to accommodate the employee in order to help him or her perform their job. For someone with a hearing impairment, for instance, an employer may provide a special headset when performing computer work or when speaking over the phone. For employers, the accommodations made are considered reasonable as long as they do not place a heavy cost on the business or impose an undue hardship.
Learn How The Law Can Help You
If you are an employee and you believe that you are facing discrimination based on your disability, M. Qader A. Baig & Associates, LLC can help you learn how the law can help you. For a confidential consultation with a trusted attorney serving the east-metro Atlanta area, call today.
Posted on behalf of M. Qader A. Baig & Associates, LLC
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M. Qader A. Baig & Associates, LLC
Conyers, GA 30012
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