Georgia ADA Discrimination Attorney

The Americans with Disabilities Act (ADA) protects both applicants and employees with disabilities from discrimination in the workplace. Businesses with 15 or more employees are covered by the federal ADA. A 2009 amendment to the ADA significantly broadened the definition of “disability,” giving workplace protection to people subjected to adverse employment actions due to an actual or perceived physical or mental impairment. If you or a loved one has a disability and is having problems with an employer, you may have the right to file an ADA disability discrimination claim.

The discrimination attorneys of Barrett & Farahany have extensive experience representing victims of ADA disability discrimination and other employment law matters. We have what it takes to prevail against employers and their high-priced legal teams.

What is a Disability Under the ADA?

A disability is a physical or mental impairment that significantly limits the ability of an individual to perform a major life activity, which includes:

Seeing

Hearing

Walking

Speaking

Breathing

Reading

Learning

Thinking

Focusing

Communicating

Performing Manual Tasks

Caring for Oneself

This impairment may affect one or more of the following bodily functions:

Neurological
System

Immune
System

Respiratory
System

Circulatory
System

Endocrine
System

Digestive
System

Reproductive
System

Proper Cell
Function

Reasonable Accommodations
Under the ADA

Not all employees or job applicants with disabilities are protected by the ADA. Only individuals qualified for the position they’re applying to are protected. A qualified individual is someone who can perform the essential functions of the job “with or without reasonable accommodation.” This means that an individual must already possess the necessary experience, skills, and other prerequisites to perform the essential tasks associated with the position. They do not need to be able to perform tasks that are peripheral and not essential job functions.

A modified work schedule;
Adjustments or modifications to work equipment;
Adjustments or modifications to exams or training exercises;
Making facilities used by disabled employees more readily accessible (e.g., stairlifts, wheelchair ramps, etc.).

Debilitating conditions affect individuals in differing ways. Which accommodation is necessary depends on the specific needs of each individual as it relates to their condition and job tasks. Employees with disabilities who need an accommodation must request one from their employer. The request should be made in writing and include information regarding the debilitating condition they have, the tasks they have trouble performing, and what accommodations are needed. It may also be helpful to include a doctor’s note describing the condition, limitations, and what accommodations might help.

Once your employer receives a request for a reasonable accommodation, they must work with you in good faith to meet your request, if possible. If the employer is unable to meet your request due to undue hardship, they must try to come up with an effective compromise that will still provide the accommodation you need.

Common ADA Violations

Although the Americans with Disabilities Act was originally passed by Congress in 1990 and significantly broadened in 2009, ADA disability discrimination still occurs frequently in the workplace. Some common examples of ADA discrimination include:

Refusal to Consider Applicants with Disabilities:

Some employers incorrectly assume that an applicant with a certain condition would be unable to perform a particular job, so they do not even consider their application.

Refusal to Offer Reasonable Accommodations to Disabled Job Applicants:

Employers may consider an applicant with disabilities, but then refuse to provide a reasonable accommodation during the hiring process. For example, if a written test is required, refusal to allow an applicant with a disability to take the test using voice-activated software.

Requiring a Medical Exam Before Making an Employment Offer:

An employer cannot require an applicant to take a medical examination until they have already made a conditional job offer.

Failure to Answer a Reasonable Accommodation Request:

Once an employee makes a request for a reasonable accommodation, the employer must engage in a “flexible interactive process” to come up with an effective accommodation. Some employers ignore and do not respond to the employee’s request, which is a violation of the ADA.

Fostering a Hostile Work Environment for Disabled Employees:

ADA disability discrimination can often occur when an employee with a disability is subjected to a hostile work atmosphere. For example, when an employer allows workers with disabilities to be harassed, teased, made fun of, threatened, or intimidated by management or fellow co-workers.

Making Employment Decisions Based on an Employee’s Disability:

Firing, laying off, demoting, cutting back hours, refusing an earned promotion, and other similar employment decisions based solely on an individual’s disability are illegal under the ADA.

Filing an ADA Disability Discrimination Claim

If you have been discriminated against by an employer because of a physical or mental impairment, you may have the right to take legal action against your employer or prospective employer. The first step is to file a discrimination charge with the Equal Employment Opportunity Commission (EEOC).

In Alabama, Georgia, Chicago, and many other states this charge must be filed within 180 days of the alleged discrimination incident. Our office helps its clients write their charges and guides clients through the EEOC’s investigative process. Once the EEOC charge is filed, the EEOC may decide to investigate your claim, invite you to participate in mediation with your employer, or issue a “right to sue” letter. After receiving the “right to sue” letter, you have 90 days to file your lawsuit.

Consult with an ADA Discrimination Attorney Today

If you believe you have an ADA disability discrimination case, it is important to speak with an experienced attorney as soon as possible. Barrett & Farahany understands the complexities of the ADA discrimination claims process and has a successful track record with these types of cases. We work with employees nationwide who have suffered due to disability discrimination at work and have had their ADA protections violated.

No form of discrimination should be tolerated. Contact our ADA discrimination attorneys today to find out what your legal options are.

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Barrett & Farahany

Georgia Office

3344 Peachtree Road NE, Suite 800
Atlanta, GA 30326
334-237-7773

Alabama Office

2 20th St N, Suite 900,
Birmingham, AL 35203
866-951-0903

Illinois Office

77 W. Wacker Dr. Suite 4500
Chicago, IL 60601
773-337-7999

Phone

Existing Clients: 866-989-0120

ADA Discrimination Attorneys