As a crucial aspect of contemporary human resource management in the corporate sector, employee rights and benefits are some of the transcending requisites that come as a liability for business owners and organizations. However, employee rights also ensure employee welfare, equality, employee retention and long-term organizational profitability. The Rehabilitation Act and the Americans with Disabilities Act (ADA) are legal deeds that extend protection to employees targeted on grounds of disability. ADA lawyers function on behalf of the District Attorney and are at service for consultation and to pursue filed law suits against businesses and business owners for discrimination on grounds of physical or mental impairment.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a part of the American civil rights legislation that assumed the status of law in 1990. It not only prohibits discrimination against physically impaired individuals in the multifarious domains of private and social functioning, but also legally guarantees public accommodations and equal opportunities to such people at workplaces. People considered disabled under the act include those who are substantially limited in their inherent abilities such as hearing, seeing, standing, walking, and sitting that may hamper their work efficiency.
Reasonable accommodation measures may include anything that can enhance or facilitate the performance of the impaired individuals such as:
- Lighter and manageable duties
- Modified work schedules
- Special equipment facilities such as wheelchair, hearing aids etc.
- Special trainings
- Provision of assistants / interpreters
The implementation of ADA is enforced primarily by the US Department of Labor, but other divisions such as the federal agencies, Department of Justice, Department of Transportation, Department of Federal Communications, Department of Equal Employment Opportunity Commissions also come into play to ensure the enforcement of the act.
How to know if you are to comply with ADA?
It is just as important for business owners to know of the Americans with Disabilities Act (ADA) as it is for the employees. But how do you know if you fall under compliance as a business? The government of America has published an extensive list of businesses that are legally bound to observe and abide by the clauses of the act. The list comprises:
- Hardware stores
- Sales and retail stores
- Restaurants, hotels, bars, motels, inns
- Grocery stores
- Social service centers
- Health care service offices schools
- Recreation venues
- Public transportation
And any additional business that deals with public service and recruitment. Religious organizations and private clubs tend to be exempted from ADA compliance.
It is pertinent to mention that the federal disability law under ADA is prone to chances of potential complexity, thus, it is highly advisable to seek professional and legal consultation via ADA lawyers.
Acts that fall under the disability discrimination
What are the major indications of the violation of ADA? The following prejudiced acts against the physically impaired individuals account to a breach of the legal law.
- As a business owner publication of job ads discouraging the physically impaired
- Refusal to select an individual / employee for training and growth opportunities
- Reduced salary
- Reserved benefits
- Forced resignation / termination
- Harassment of any sort
- Side lining
Role of ADA lawyers
So what role can ADA attorneys play in such discrimination cases? How can they facilitate you?
Once you’ve identified your case to fall in the category of ADA, seek consultation from appropriate law agencies or ADA lawyers on the matter. The legal advisory assesses the validity of the case as per the clauses of the act. Upon confirmation, ADA lawyers help you successfully lodge a case and under the federal law fight your case to help restore your job and compromised reputation, recover back pay, get compensation benefits etc.
Claims against disability discrimination charges must be filed within 180 days of the offense. For federal employees, the deadline is a few weeks, hence, it is crucial to pursue your stance at the earliest.
Regretfully, despite these acknowledged principles and laws, the breach of employee rights is a common observation especially towards the vulnerable slot of the disabled. It is thus, not only important to know and understand your rights in an organization, but equally crucial to know how you’ve been targeted and what channel to pursue to claim compensation for the undue hardship experienced at workplace on the basis of discrimination.
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