ADA Claims and Violations
Title I of the Americans with Disabilities Act of 1990 prohibits employment discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment.
The term “disability” means, with respect to an individual: a) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; b) a record of such an impairment; or c) being regarding as having such impairment.
A qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
Reasonable accommodation may include: a) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and job restructuring, part-time or modified work schedules, reassignment to a vacant position; acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
As long as the accommodation is not an “undue hardship”, the employer is required to make it. In determining an undue hardship, the courts look at the nature of the cost of the accommodation, the overall financial resources of the facility, the number of persons employed, the effect on the expenses and resources, the impact to the operation and other factors.
Kentucky Employment Attorney
If at your workplace you feel your ADA rights are being discriminated against, please call the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637). A Kentucky Employment Attorney is available 24 hours a day, 7 days a week to answer any questions you may have.
If you are injured…Ask Andrew!!!