Employees with disabilities are protected under federal law from discrimination in the workplace. If you have a physical or mental impairment that substantially limits one or more major life activities, you may be entitled to reasonable accommodations under the Americans with Disabilities Act (ADA). Understanding your rights is essential to ensuring fair treatment and equal access to employment opportunities.
The employment lawyers at Abney Law can help you handle any disability discrimination you face in the workplace. Schedule a consultation so we can learn about what you face.
What Is a Disability Under the ADA?
The ADA defines a disability as:
- A physical or mental impairment that substantially limits a major life activity
- A history of such an impairment
- Being regarded as having such an impairment, even if the condition is not currently limiting
Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, and caring for oneself. Conditions such as diabetes, epilepsy, depression, and mobility impairments may qualify, depending on their impact.
Whether you qualify as having a “disability” for purposes of ADA and state-level protection depends on the unique circumstances of your case. Consult with an experienced Kentucky employment discrimination lawyer for answers about your particular situation.
What Are Reasonable Accommodations?
A reasonable accommodation is any change to the work environment or job duties that enables a qualified individual with a disability to perform essential job functions. Examples include, but are not limited to:
- Modified work schedules
- Accessible workstations
- Assistive technology
- Remote work options
- Job restructuring or reassignment to a vacant role
Employers are required to provide accommodations unless doing so would cause “undue hardship,” meaning significant difficulty or expense relative to the size and resources of the business.
Who Is Covered for Disability Protections?
The ADA applies to:
- Private employers with 15 or more employees
- State and local government agencies
- Employment agencies and labor organizations
Some state laws may extend protections to smaller employers. If you are unsure whether your employer is covered, consult your state’s labor department or a legal professional.
How to Request an Accommodation
You do not need to use legal jargon or disclose your entire medical history. To request an accommodation:
- Notify Your Employer: Submit a written or verbal request to HR or your supervisor.
- Describe Your Limitations: Explain how your disability affects your job performance.
- Suggest Accommodations: Offer ideas that could help you perform your duties effectively.
- Provide Documentation: If your disability is not obvious, your employer may request medical verification.
Employers must engage in an “interactive process” to determine a suitable accommodation. This is a collaborative dialogue, not a one-sided decision. Just because you ask for something does not necessarily mean you are entitled to it. However, if you feel your requested accommodation was reasonable and your employer refused to consider, you may be entitled to legal remedies.
Common Myths About Disability Rights
There are a number of misconceptions about disabilities. Here are some common myths and the truth behind them:
- Myth: Employers must hire disabled applicants over others.
- Fact: Employers may choose the most qualified candidate, regardless of disability status.
- Myth: Accommodations are expensive.
- Fact: Most accommodations cost little or nothing. Many are one-time adjustments.
- Myth: Accommodations give disabled employees special privileges.
- Fact: Accommodations level the playing field. They do not offer unfair advantages.
Protection Against Retaliation
It is illegal for employers to retaliate against employees who:
- Request accommodations
- File a complaint
- Participate in an investigation
If you believe you have been retaliated against, you can file a charge with the Equal Employment Opportunity Commission (EEOC) or the Kentucky Commission on Human Rights. An attorney’s guidance and assistance is highly recommended when filing a claim.
Consult with a Kentucky Disability Accommodations Lawyer Today
Knowing your rights empowers you to advocate for fair treatment and equal opportunity. Whether you are applying for a job, navigating workplace challenges, or seeking accommodations, the ADA is designed to protect your dignity and independence. Never hesitate to speak up, you have rights that deserve protection.
Let the experienced employment attorneys at Abney Law review your case. Contact us today for a consultation.