How Can an Atlanta Disability Discrimination Attorney Help?
If you have suffered disability discrimination in the workplace, you should seek legal advice from an experienced Atlanta disability discrimination attorney.
Disabled workers are among the most qualified, enthusiastic, and self-motivated employees in the workplace.Yet, each year the U.S. Equal Employment Opportunity Commission (EEOC) handles more than 15,000 disability discrimination complaints.
You should never have to worry about losing your benefits or income because of a physical or mental disability.
Each year victims of disability discrimination receive more than $50 million in disability discrimination settlements.
As a faithful employee, you should never have to worry about losing your benefits or income because of a physical or mental disability that you can't control.
The Americans with Disabilities Act of 1990 (ADA) is a federal law that protects you from disability discrimination, retaliation, and hostile work environment harassment. The ADA applies to all private employers who employ fifteen (15) or more employees.
The disability discrimination act prohibits disability discrimination in all employment practices, including hiring, firing, promotion, compensation, training, assigning jobs, providing benefits and other employment opportunities.
The ADA prohibits discrimination against three categories of individuals with disabilities:
- People with an existing disability
- People with a record of a disability
- People who are regarded as having a disability
Disability discrimination lawsuits have strict procedural rules. They involve complex questions of both medicine and law.
Having a skilled Atlanta disability discrimination lawyer on your side is the key to protecting your rights.
We will help you understand your rights. We help you get the justice you deserve.
Contact us now for a free consultation.
Do I Have a Good ADA Disability Discrimination Case?
The first thing our Atlanta disability discrimination attorneys do is determine if you have a good case.
To be protected under the ADA, you must prove that your disability substantially limits one or more major life activities.
Under the law, a "major life activity" is broadly defined to include both major life activities and major bodily functions:
- Major life activities include, but are not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
- Major bodily functions include, but are not limited to, the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, circulatory, respiratory, special sense organs and skin, cardiovascular systems, and reproductive functions.
The term "substantially limits" frequently requires extensive legal analysis.
To determine if your disability substantially limits a major life activity or bodily function, ADA law uses a common-sense approach. This approach looks at the extent, duration, and impact of your impairment.
ADA employment law does this by comparing your ability to perform the major life activity at issue with the same activity or function of most people in America.
If you are completely unable to perform the major life activity or you are significantly restricted when compared to most people, your disability most likely will be substantially limiting.
For example, a person who is blind is substantially limited in the major life activity of seeing. However, a person with a minor vision impairment of 20/40 is not substantially limited.
Disability discrimination can result in lower pay, wrongful termination, and a refusal to make reasonable accommodations.
If you are the victim of prejudice or harassment in the workplace, you deserve justice. Our Atlanta disability discrimination lawyers are ready to help.
Contact us today for a free consultation.
Choosing the Right Atlanta Disability Discrimination Lawyer Can Make All the Difference
Working with a skilled Atlanta disability discrimination attorney may be one of the most important decisions you make.
ADA lawsuits have short filing deadlines. If you do not meet these deadlines, you will lose your case.
One of your most important rights under the ADA is your right to request reasonable accommodations. Examples of reasonable accommodation can include:
- Changing your workplace facility or relocating your work area to allow meaningful accessibility
- Changing your job duties, work shift, or work schedule
- Providing you leave for medical care
- Providing you mechanical or electrical aids
The process that allows you to obtain a reasonable accommodation for your disability can be complex, confusing, and time-consuming.
The EEOC calls this process the interactive process. If your employer fails to engage in the interactive process you may have a valid disability discrimination claim under ADA.
The interactive process refers to a mandatory exchange of information that must take place between you and your employer after you disclose your disability and request a reasonable accommodation.
During the interactive process your employer must determine in good faith whether you have a qualifying disability and, if so, explore what measures might reasonably accommodate your disability.
If you fail to cooperate during the interactive process, you may lose your right to assert a disability discrimination claim.
Working with an experienced Atlanta disability discrimination lawyer can make the difference between winning and losing your disability discrimination case.
As a loyal employee you deserve fairness and respect.
Our ADA attorneys will protect your rights and protect you from workplace retaliation each step of the way.
Contact us for a free consultation.
