Disability Discrimination / ADA Claims
Title I of the Americans
with Disabilities Act of 1990, which took effect July 26, 1992,
prohibits private employers, state and local governments, employment
agencies and labor unions from discriminating against qualified individuals
with disabilities in job application procedures, hiring, firing, advancement,
compensation, job training, and other terms, conditions and privileges
of employment. An individual with a disability is a person who:
- Has a physical or mental impairment that substantially limits one
or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
A qualified employee or applicant with a disability is an individual
who, with or without reasonable accommodation, can perform the essential
functions of the job in question. Reasonable accommodation may include,
but is not limited to:
- Making existing facilities used by employees readily accessible to
and usable by persons with disabilities.
- Job restructuring, modifying work schedules, reassignment to a vacant
position;
- Acquiring or modifying equipment or devices, adjusting modifying
examinations, training materials, or policies, and providing qualified
readers or interpreters.
An employer is required to make an accommodation to the known disability
of a qualified applicant or employee if it would not impose an "undue
hardship" on the operation of the employer's business. Undue
hardship is defined as an action requiring significant difficulty or
expense when considered in light of factors such as an employer's size,
financial resources and the nature and structure of its operation.
An employer is not required to lower quality or production standards
to make an accommodation, nor is an employer obligated to provide personal
use items such as glasses or hearing aids.
The Law Offices of GRANT & ASSOCIATES provides vigorous representation
to clients who have suffered discrimination due to a disability.
The Tacoma Washington employment and personal injury attorneys of Grant & Associates are focused on legal matters including injury, accidents, employment and discrimination cases. Contact our firm to discuss your case with our attorneys.
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