The ADA, or Americans with Disabilities Act, is a law that bars discrimination against workers with mental or physical disabilities. This law applies in situations involving business operations and employment practices. For instance, it requires company owners and employers to make reasonable accommodations for disabled employees to do their jobs.
The ADA’s Standard of Disability
A person is regarded as disabled according to a Disability Attorney in Olympia WA if they have or had a mental or physical impairment severely limiting major life activities. ADA violations may occur if the employer mistakenly believes that the person has an eligible impairment. Here, an impairment can include a physiological impairment, disfigurement, depression, or drug addiction for which the person is participating in rehabilitative treatment.
Certain conditions, such as current drug use, temporary injury, uncomplicated pregnancy, infertility, transgender identity, homosexuality and transsexual identity are not covered under the ADA. An Impairment must substantially limit one’s daily activities, causing the person to not be able to perform the functions of daily life, such as hearing, walking and performing manual labor.
To be covered under the ADA, the person must be qualified for the job, and they must be able to perform the job’s functions with/without reasonable accommodations. The worker must not pose a threat to the safety and health of others, and threats must be based on scientific evidence. The threat must not be removable with corrective measures or reasonable accommodations.
Are Life Activities Limited if The Impairment is Correctable?
Generally speaking, an impairment that may be corrected by a prosthesis, medication or medical appliance does not “severely limit” major life activities. However, treatments required for non-limiting conditions, such as chemo, may substantially limit activities.
Do Victims Need a Lawyer Who Handles ADA Discrimination Cases?
Those who feel that they’ve been discriminated against based on a disability should consult a Disability Attorney in Olympia WA immediately. A local attorney can help the client establish their disability according to the ADA, and they can help them file a state or federal claim. When they Visit Putnam Lieb Potvin Attorneys at Law and hire an attorney as soon as possible, clients can protect their rights and learn about all potential legal remedies.
