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Overview Of The Americans With Disabilities Act (ADA)

Published May 2, 2014 by Matt Fendon Law Group | Firm News

The Americans with Disabilities Act (ADA) was created to protect individuals with disabilities from being discriminated against or having their civil rights violated in the workplace and allow them to be given the equal opportunity they deserve in employment, transportation, public accommodations, state or local government services and in telecommunications. Individuals with disabilities are afforded the same level of protection under the ADA as is generally provided to individuals who are being discriminated against on the basis of race, sex, religion or nationality. As an employee or potential employee, you do have rights under the ADA.

Employers with more than 15 employees are prohibited from discriminating against individuals with disabilities. Employers are also required to make reasonable accommodations to facilitate the disabilities of any existing or potential employees. Should an individual’s disability pose a real threat to the health or safety of others, employers are under no legal obligation to hire the individual or retain his or her employment. Other than that, people cannot be refused employment based solely on their disabilities or the disabilities of their loved ones. Employers are not allowed to inquire about whether an individual has a disability or has sustained a debilitating injury in the past. This is a violation of the ADA and is discrimination based on the individual’s disability.

If you feel your existing employer, a prospective employer or a former employer has violated your rights under the Americans with Disabilities Act, a lawyer from our firm can help provide you with the protection you deserve. ADA violations in the workplace need be reported to the Equal Employment Opportunity Commission within 180 days of the alleged discrimination. Individuals who have had their rights violated under the ADA may be eligible to recover back pay, as well as other damages, in addition to securing a court-order to put an end to the discrimination.

Our attorneys have years of experience defending clients in all types of employment law matters, including ones involving ADA claims. Our founding attorney has an AV Preeminent® Rating from Martindale-Hubbell® and two of our leading attorneys have 10.0 Superb Ratings on Avvo. If you want help protecting your ADA rights, call a Phoenix employment law attorney at Fendon Law Firm, P.C. at once. We are workers’ compensation and employment law specialists, as well as the unrelenting advocates you need.

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