The Americans with Disabilities Act (ADA) protects workers who have disabilities, including mental disabilities such as depression, from discrimination in the workplace. If you have suffered wrongful termination or other adverse employment action due to your disability, you may be entitled to compensation.
At Farber Legal in Rockville/North Bethesda, Maryland, our employment attorneys represent employees and employers in disability discrimination cases throughout Maryland and the Washington, D.C., area. Our lawyers can advise you whether you have a disability discrimination case and guide you through the steps to protect your rights. We offer an initial consultation to discuss your case at a discounted fee.
There still is a lot of confusion in the workplace about what disability is and what is meant by reasonable accommodation. Our lawyers are very experienced in case law and help explain the law as it applies to you. We can also advise you concerning what steps you may need to take to protect your rights. For example, you must tell your employer you have a disability before you are entitled to protection. In addition, you need to get a doctor to certify that you can work if an accommodation is made by your employer.
American With Disabilities Act
Title I of the Americans with Disabilities Act of 1990, which took effect July 26, 1992, prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. An individual with a disability is a person who:
- Has a physical or mental impairment that substantially limits one or more major life activities
- Has a record of such an impairment
- Is regarded as having such an impairment
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include:
- Making existing facilities used by employees readily accessible to and usable by persons with disabilities
- Job restructuring, modifying work schedules, or reassignment to a vacant position
- Acquiring or modifying equipment or devices, adjusting, modifying examinations, training materials, or policies, and providing qualified readers or interpreters
An employer is required to make an accommodation to the known disability of a qualified applicant or employer if it would not impose an undue hardship on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.
For more information, contact a disability discrimination lawyer at Farber Legal. We offer an initial consultation at a discounted fee. We represent clients in Maryland and the Washington, D.C., area, including Rockville and North Bethesda.