Are You Aware of Your Rights as an Individual with Disability?

Posted by David J.
4
Dec 10, 2015
167 Views

According to The Americans with Disabilities Act (ADA), it is absolutely illegal to discriminate an employee on the basis of his/her disability. Whether it is public accommodations, State and local government services, telecommunications or transportations, the ADA completely outlaws such kind of practices.

By law, the following employers are prohibited from violating the rights of people with disabilities:

  • ·         Employers operating privately,
  • ·         State and local government officials,
  • ·         Employment agencies,
  • ·         Labor organizations and
  • ·         Committees responsible for managing labors.

Rights of an Individual with Disability

If a person has some kind of disability yet is a qualified applicant for the job, the employer cannot perform any kind of job-related discrimination on the basis of that disability. A disability refers to mental or physical impairment that obstructs an individual’s life activities. In order to enjoy maximum rights of being a disabled individual, you are required to prove that you are going through a major disability, not a minor one. If major activities of life are being hindered as a result of a certain disability such as walking, talking, hearing, breathing or performing certain type of physical activity, then a disabled individual can exercise the rights under ADA act.

Reasonable Accommodation

Reasonable accommodation is one of the most significant rights provided to an individual with disability at the workplace. Under this right, some changes are made to the job itself or the working environment to allow the disabled person to participate in the job like any other qualified person and reap the benefits of employment. Some of the most common examples of reasonable accommodation include:

  • ·         Modification of equipment and/or devices,
  • ·         Restructuring the assigned job,
  • ·         Modification of the working schedule,
  • ·         Assigning a vacant job position,
  • ·         Providing assistance of interpreters and readers,
  • ·         Making the overall workplace more accessible and convenient.

Legal Actions That Disabled Individuals Can Undertake

Employees that have been discriminated on the basis of their disability at the workplace have the right to contact the US Equal Employment Opportunity Commission. They must file a charge sheet within the period of 180 days of the pertinent allegation with the assistance of a qualified attorney. However, if a state or local law body exists to provide relief, then the extended period for filing the case is 300 days.

As a remedy to the discrimination, the victim shall be given a job position that he/she would have got if the discrimination hadn’t taken place. Hiring, promotion, back pay and reasonable accommodation are few of the rights that the accused party can enjoy.

Looking for an employment law attorney in Orange County, CA? If so, then head to Hardin & Associates. The company will help you get in touch with the most experienced lawyers that deal with laws against, retaliation, discrimination and wrongful termination. Visit their website http://www.hardinemploymentlaw.com/ for more details.

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