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What Are the ADA Laws Regarding Employment and the Workplace?
The 1990 Americans with Disabilities Act (ADA) was an essential piece of legislation providing protections for individuals with disabilities in several areas of life, including employment. It defined a person with disabilities as someone who has a physical or mental disability that significantly limits their abilities in one or more areas of life.
The law also stipulates that an individual with a disability is someone who can perform the essentials of a job with or without reasonable accommodation. “Reasonable accommodation” may include:
- Ensuring workspaces are accessible and usable by employees with disabilities
- Providing equipment, devices, training materials, policies, or qualified interpreters or readers for the person with a disability
- Restructuring the job or work schedules or assigning the person with the disability to a vacant position that provides the required support
The ADA applies to businesses with 15 or more employees. However, it also says accommodations should be provided as long as they don’t cause undue hardship for the business, which can be defined as the accommodation causing the employer significant difficulty or expense in carrying out the business’s work.
What Are Considered Violations of the ADA in the Workplace?
There are far too many to cover in one post, so if your situation doesn’t appear here, don’t assume it’s not a violation. Contact an experienced ADA violation employment attorney as soon as possible to assess your circumstances. These are just examples of some of the most common violations.
- Work schedules. An employer may be in violation of the ADA if they can adapt work schedules for an employee with a disability but refuse to do so.
- Sign language or interpretation assistance is often needed by people with hearing disabilities, especially if their job is customer-facing or requires them to interact vocally with others on a regular basis.
- Ergonomic equipment. Employees with disabilities such as repetitive stress injuries or carpal tunnel may need special equipment, such as ergonomic keyboards, to do their jobs. Refusal to provide those may be a violation.
- Accessibility. The workplace should be accessible to any employee with a disability. For example, if someone uses a wheelchair, they should be able to enter and exit the workplace with spaces within it (elevators, bathrooms) without difficulty.
- Mental health. The ADA doesn’t just address physical disabilities but mental health disabilities as well, including depression and anxiety, attention-deficit/hyperactivity disorder (ADHD), or bipolar disorder, to name a few. Employers who refuse to provide accommodations for these conditions may violate the ADA, just as if they refused to provide wheelchair access for someone unable to walk.
What Must Be Proven to Have a Successful ADA Violation Claim or Lawsuit?
Some key aspects must be proven for an ADA violation claim to succeed.
Existence of the disability. The employee must first prove that they have a disability as defined by the ADA. That usually involves demonstrating that the employee has “a physical or mental impairment that substantially limits one or more major life activities of such individual.” However, the ADA may also include people who have a disability but no longer do. For example, someone who suffered severe injuries in a car accident and initially needs a wheelchair may eventually recover, but the ADA may still protect them. People who are associated with others who have disabilities may also be covered.
Evidence of the discrimination. There are several things an employer may do that can be interpreted as violating the ADA. They could refuse to hire someone because of their disability, or they could fire them or refuse to promote them. Refusing to make reasonable accommodations or providing adequate access for the employee with the disability are other violations unless the employer can prove those accommodations would cause undue hardship for the company. Evidence can be complex to discover and identify, and the employee could benefit from the help of an experienced ADA violation employment attorney.
What Is California’s FEHA Law?
FEHA is California’s Fair Employment and Housing Act. It prohibits discrimination in employment and housing situations for numerous circumstances, including people with disabilities. In terms of employment, it applies to employers with five or more employees, whether public or private, so it applies to more businesses than the ADA, which only applies to companies with 15 or more employees. It protects against discrimination, harassment, or retaliation. An employee with a disability can file violation claims through the Department of Fair Employment and Housing Act (DFEHA), which needs to be filed within one year of the alleged discrimination action. But they can also file a lawsuit without going through the DFEHA.
The employer faces stiff penalties if found guilty of violating the FEHA. They may be ordered to make financial compensation to the person suing them for lost wages and emotional distress, among other financial concerns. They may also face civil penalties and loss of public reputation. Finally, they may be ordered to take specific action to avoid causing discrimination in the future.
What Should I Do if I Need Help with an ADA Violation in my Workplace?
Call Tomassian, Pimentel & Shapazian as soon as possible at 559-277-7300 to set up a consultation. ADA violations are complex to pursue, and can benefit from working with an experienced legal team that understands the ADA laws. We understand how frustrating and traumatic it is for you to have your rights violated in your workplace, and we’ll work with you to determine the approach for the best possible outcomes.
