Do You Need a Disability Discrimination Lawyer?

ADA Accommodation Requirements

The ADA requires an employer to make such reasonable accommodations for disabled employees unless doing so would impose an undue hardship. Reasonable accommodations might include:

• Making existing facilities used by employees readily accessible to and usable by individuals with disabilities;
• Restructuring jobs;
• Modifying work schedules;
• Adjusting or modifying equipment, examinations or training material; or
• Providing qualified readers or interpreters.

The U.S. Equal Employment Opportunity Commission has published extensive guidelines on reasonable accommodation, including illustrative examples.

What’s the difference between the ADA and the Rehabilitation Act?

The two laws are similar but apply to different employers. Section 501 of the Rehabilitation Act provides the same basic rights for federal employees and job applicants as Title I of the Americans with Disabilities Act provides for non-federal employees and job applicants. While the two laws are not identical, their anti-discrimination provisions mostly have been harmonized. One notable difference: Federal employees have less time to make an initial complaint under the Rehab Act than non-federal employees have under the ADA.

What’s the ADAAA?

The ADA Amendments Act of 2008 (“ADAAA”) strengthened the ADA and eliminated loopholes created by various court decisions. In particular, the ADAAA:

• Expanded the phrase “major life activity” to include major bodily functions such as functions of the nervous, urinary and circulatory systems;
• Clarified that an employee asserting that she was discriminated against because she was “regarded as” disabled need only prove that she was discriminated against because of an actual or perceived impairment;
• Removed the effects of mitigating measures in determining whether an individual has a disability; and
• Clarified that an impairment that is episodic or in remission is an ADA disability if it limits a major life activity when the impairment is active.

The EEOC has published a fact sheet that summarizes its handling of the ADAAA.

I have a short-term disability. Am I protected from disability discrimination?

Possibly. Until the ADAAA passed, chances are that you would not have been deemed protected. Under the ADAAA, however, the ADA embraces injuries from which you’ll recover — but that are serious enough to “substantially limit” one or more major life activities.

I could perform much better if my boss were a bit more flexible. Does my employer have a duty to discuss my ideas?

Employers must engage in an “interactive process” to come up with any “reasonable accommodations” that could allow a disabled employee to do his or her job. This doesn’t mean that an employer must give you everything you ask for. Instead, employers and employees must engage in a good-faith dialogue to see if there are any adjustments that would allow you to do your job without imposing an undue hardship on your employer.

I’m pretty sure I’ve faced disability discrimination. What should I do?

You should file a complaint with the appropriate agency. The agency may vary depending on where you work — and deadlines may vary, too. To get a full picture of your rights, consider contacting our ADA lawyers.

Where else can I go for reliable information and advice about disability discrimination?

The U.S. Department of Justice maintains ADA.gov, but the site can be a bit difficult to navigate. The EEOC is the primary enforcer of federal anti-discrimination laws, and offers a good Q+A section about the ADA. The U.S. Department of Labor has an excellent list of resources and links about the ADA. The Job Accommodation Network is government-funded and offers free advice to individuals. Finally, the ADA National Network also is government-funded and can offer training and advice; many of its services are aimed at employers and institutions, but its Web site includes lots of useful information.