The Americans with Disabilities Act (ADA) provides robust protections for individuals with disabilities, ensuring they receive fair treatment in the workplace. McCurdy & Eichstadt is committed to defending these rights against unlawful discrimination and retaliation.
The ADA applies to employers with at least 15 employees. The burden of proof and remedies in an ADA claim are similar to those available in Title VII.
But the Americans with Disabilities Act also prohibits unlawful discrimination by an employer against an applicant or employee because of a perceived disability, whether or not the individual had an actual disability.
A company also may not retaliate against any employee for opposing disability discrimination or participating in protected activities, including complaints or investigations of disability discrimination. An employer has engaged in unlawful retaliation under the ADA if there is:
(1) protected opposition to ADA discrimination or participation in an ADA proceeding;
(2) adverse action by the employer subsequent to or contemporaneous with such protected activity; and,
(3) a causal connection between such activity and the employer’s adverse action.
Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship. Typically, no employer may discriminate against a qualified individual with a disability because of the disability in regard to hiring, advancement, or discharge.
The ADA requires an employer to provide a “reasonable accommodation” to a “qualified individual with a disability.”
To assert a valid ADA claim, an employee typically must establish: (1) that he/she is disabled within the meaning of the law, including having a history of a disability or being “regarded as disabled”; (2) that he/she is qualified for the job; and, (3) that he/she suffered an adverse employment action (like termination).
A “qualified individual with a disability” is “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.”
ADA cases may be factually complex and technical, and they often require a vocational or rehabilitation expert.
Our attorneys are well-versed in ADA-related cases and understand the challenges that employees with disabilities face. We will work diligently to ensure your rights are protected and that you receive the accommodations and respect you are entitled to.
If you believe your rights under the ADA have been violated, contact McCurdy & Eichstadt for a consultation today.
Our Expertise Includes
Handles private sector employment disputes, focusing on discrimination, retaliation, and rights under laws like the ADEA, Equal Pay Act, FLSA, FMLA, Title VII, USERRA, ADA, and CADA. Excludes cases involving governmental employers and civil rights claims outside employment.
Addresses employment-related issues beyond statutory discrimination, including wrongful termination, severance agreements, non-compete and confidentiality disputes, off-duty activities, and wage disputes upon separation.
Offers estate and tax planning, wills and trusts creation, succession planning, probate administration, and litigation related to will contests and fiduciary responsibilities to secure clients' financial futures.
Provides legal support for the formation, operation, and dissolution of business entities, ensuring compliance with legal requirements for corporations, partnerships, and LLCs.
Supports commercial and residential real estate dealings, including contract drafting and review, negotiations, and legal compliance for property transactions.
Represents individuals and businesses in tax disputes, offering guidance on federal, state, and local tax laws to minimize liabilities and resolve controversies with tax authorities.
Disclaimer: The content on this website is intended to be general information only and not legal advice. Nothing herein creates an attorney-client relationship, nor does any reliance on anything herein. Laws change frequently and some laws vary from state to state. The content on this website may not be up to date, and information provided is not intended to be fully comprehensive. For legal advice specific to any particular situation, please contact McCurdy & Eichstadt, P.C. directly, or another licensed attorney or law firm.
Copyright © 2024 McCurdy & Eichstadt – ALL RIGHTS RESERVED.
