Overview of Disability Discrimination and the Americans with Disabilities Act
Our Los Angeles employment lawyers explain that disability discrimination occurs when employers or other entities that are listed in the amended Americans with Disabilities Act or the amended Rehabilitation Act treat qualified applicants or employees unfavorably due to their disabilities.
Disability discrimination can also happen when covered entities or employers treat employees or applicants less favorably because of the employees’ or the applicants’ history of a disability. For instance, the employee may have cancer that is in remission or that is under control. Moreover, discrimination at times occurs when the employers or entities believe that the employees’ physical or mental impairment is not transitory (condition that lasts for no more than six months) or is minor.
A Los Angeles employment lawyer knows that both covered employers and entities are required by law to provide reasonable accommodations to employees or job applicants with disabilities unless providing such accommodations would created significant expense or difficulty (“undue hardship”) for them. The Americans with Disabilities Act and the Rehabilitation Act also protect employees and job applicants from discrimination based on their relationships with people with disabilities. A Los Angeles Employment Lawyer gives the example that it is against the law to discriminate against an employee because his wife has a disability.
Outline of the Americans with Disabilities Act
The Americans with Disabilities Act (ADA) forbids discrimination in the workplace based on disability. The ADA also forbids disability discrimination in public accommodations and public services. In addition, there are certain miscellaneous provisions in the Act, including one for anti-retaliation.
Furthermore, as stated by the U.S. Equal Employment Opportunity Commission (EEOC), the recent amendments to the ADA do the following:
- Clarify that an impairment which is in remission or is episodic be classified as a disability if it would substantially limit a major life activity when it is active;
- State that mitigating measures other than “ordinary eyeglasses or contact lenses” must not be considered in deciding whether individuals have disabilities; and
- Expand the meaning of “major life activities” to include two non-exhaustive lists: the first list includes many activities that are acknowledged by the EEOC (e.g., walking) as well as activities that are not specifically acknowledged by the EEOC (e.g., communicating, bending, and reading). The second list includes major bodily functions of the immune, reproductive, respiratory, brain, circulatory, digestive, and endocrine systems, and normal cell growth.
Have you or a loved one experienced disability discrimination at the hands of an employer? If so, you should speak with a Los Angeles employment lawyer that is experienced in handling disability discrimination cases and in obtaining Extreme Justice®. You should call the Los Angeles employment lawyers at the Law Offices of David R. Denis, P.C. at 1-888-355-2948 today to schedule your free initial consultation. This Extreme Justice® legal team will take your phone calls 24 hours a day and will work with you to help you obtain your own Extreme Justice® against those who discriminated against you or your loved one.
Law Offices of David R. Denis, P.C.
707 Wilshire Blvd., Suite 4700
Los Angeles, CA 90017