If you or a loved one has been discriminated against because of a disability, you may be wondering whether you are entitled to protection under the Americans with Disability Act (“ADA”). Fortunately, since 2008, it has become easier to prove you are entitled to protection thanks to the ADAAA.
What is the ADAAA?
The Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) makes it easier for an individual to prove that he (or she) is indeed protected by the ADA.
- Allows a broad definition of both physical and mental disability.
- Favors a finding of disability.
- Makes it easier for an individual to prove that he or she is disabled, under the definition of the ADA.
- Increases the burden on employers to make accommodations for a disabled employee.
How Do I Prove My Employment Discrimination Case?
There are two main elements that you must show to win a discrimination case under the ADA.
- First, you must show that you suffer some kind of physical and/or mental disability that affects your job. Although the ADAAA made it much easier to prove disability, not every impairment is necessarily a disability.
- Second, you must show that your employer did not make attempt to make reasonable accommodations in your job to allow you to perform, in spite of your disability. Not all accommodation requests need be honored, only a reasonable attempt to accommodate need be made.
How to Find an Employment Law Attorney
If you are qualified for a job and you can perform that job with reasonable accommodation for a disability, an employer must make an effort to provide that reasonable accommodation. By law, you cannot be singled out, harassed, or fired because of a disability.
If your employer acts inappropriately, you may have a discrimination case under the Americans with Disabilities Act (ADA). Fortunately, the ADAAA (amendments to the ADA) has expanded protection for disabled workers.
If you think you may have an ADA or ADAAA case, our employment law attorney, Greg Napolitano, would be happy to evaluate your case at no charge. You are invited to call Greg at 513.621.4556 or email Greg here.