Most of us need to find and keep a job, no matter our age or physical capabilities. Unfortunately, a person's physical abilities are judged against his or her ability to work in certain environments. Living with a disability tends to generate many challenges, making some things very difficult on a day-to-day basis. Therefore, being discriminated against based on this disability can cause additional challenges.
The Americans with Disabilities Act, or ADA, was designed to expand equal employment opportunities and to generate the full inclusion of individuals living with disabilities. According to Title I of the ADA, employers with 15 or more employees are prohibited from discriminating against qualified individuals with disabilities. This means that acts of discrimination cannot occur in the job application process, hiring, firing, job training and other conditions and privileges of employment.
When such acts of discrimination occurs, an applicant or an employee may file a suit with the Equal Employment Opportunity Commission. If the EEOC finds merit in the action, it can bring a suit against the person's employer.
Employees or applicants that believe that they have been discriminated against based on their disability should speak to a skilled lawyer to learn about the legal recourses they may have. Filing an action can help hold an employer accountable while also helping with the collection of compensation for damages suffered. However, the process can be time-consuming and frustrating, especially if you make a mistake. It can be crucial to have help from an attorney who has experience with the ADA and employment law.