The Law Covering Employment Disability

By: Maribel Roncales
Submitted: 2008-07-17 11:12:12
Print this article | Tell a friend | For publisher | Social Bookmarking
Rating:
 

According to the latest survey conducted by the U.S Census Bureau, there are approximately 49.7 million Americans having disability, which includes people of all ages. That is why the enactment of the Americans with Disabilities Act (ADA) is of great help for the people.

The Americans with Disabilities Act does not cover all kinds of impairment or employment disability. They formulate their own definition of disability and if your disability is not within the definition then you are not covered by the Act.

How does Americans Disabilities Act define disability?

The common issue encountered by individuals with this Act is whether their disabilities fitted the definition under the Americans Disabilities Act or not.

The Americans with Disabilities Act defines disability as an impairment that substantially limits a major life activity for a period of not less than a year or expected to result in death.

A number of court cases have been dismissed because they are not suffering from disability as defined by the Americans with Disabilities Act.

Who is protected by ADA?

The Americans with Disabilities Act protects individual with disability who is qualified to for employment.

Although ADA does not provide a list of disabilities to be covered by the act it has outlined its own legal standard in how a person be considered as suffering from certain disability.

ADA protects only those persons with serious long-term condition. It does not protect those having minor and short-term conditions.

In order to fully ensure that the right of the disabled be protected especially with regard to employment, the US government created the Office of Disability Employment Policy or (ODEP).

What is ODEP?

The Office of Disability Employment Policy or ODEP is an agency, under the US Department of Labor, which provides national leadership to increase employment opportunities for adults and youth with disabilities while striving to eliminate barriers to employment.

The Americans with Disabilities Act prohibits discrimination in employment of qualified individual with disability. The Act also outlaws discrimination against individuals suffering from disability in State and local government services, public accommodation, transportation and communications.

ADA also punishes discrimination in other aspect of employment such as:

• Recruitment

• Firing

• Hiring

• Training

• Job assignments

• Promotions

• Pay

• Benefits

• Lay offs

• Leave

• Many other employment related activities

What to do if you think you are discriminated?

If you have experienced discrimination especially with regard to employment disability, you should contact the US Equal Employment Opportunity Commission. You can also file a charge for discrimination within 180 days from the alleged discrimination. You have up to 300 days to file a charge if there is state or local law that provides relief for discrimination on the basis of disability.

However, for your immediate protection you can report your case immediately to the Office of Equal Employment Opportunity Commission.

If it has been proven that discrimination exist, you can be entitled to:

• Hiring promotion

• Reinstatement

• Back pay

• Reasonable accommodation

• Reassignment

• Attorneys’ fees


If you have encountered any acts of discrimination due to your employment disability, log on to our website and seek legal assistance from our team of highly skilled Employment Law attorneys. We also provide free case evaluation for our clients.

Article source: Expert Articles

Most Recent Articles in Legal category

  • Medical Malpractice New Jersey Deals With the Real Problems - By: Paul Justice
    Medical malpractice New Jersey is more prominent than ever but currently there are major steps being taken to ensure that this epidemic is being put to rest. If you have found yourself victim to medical malpractice, contact a lawyer as soon as possible.
  • How to defeat HSBC: A Case Study - By: Giselle G
    New York Case Law: HSBC Bank v. Valentin, Ruiz, et. al. Valentin and Ruiz borrowed $340000 from Delta Funding Corporation.
  • CHP Report Says Driver Error and Truck Defects to Blame for Santa Clarita Truck Accident - By: Robert Reeves
    A California Highway Patrol investigation report into the truck accident near Santa Clarita last year has concluded that the driver's speed played a major part in the crash. The report has also expressed concern over the state of the tractor-trailer at the time of the truck accident, and this, the district attorney fears, could be used by the defense team as the principal cause of the accident.
  • Dealing With Partnership Disputes - By: Darren Agaton
    A partnership agreement generally administers the issues and affairs regarding the business. This includes the objective of partnership and a detailed explanation of the partners' contribution, responsibilities and limitations.
  • Social Security Disability Claim: What You Need to Know - By: Darren Agaton
    If you are suffering from disability such as physical or mental impairment, you are entitled to receive cash benefits from the SSA through Social Security Disability Benefits (SSDI).Social security disability benefit claims are given to those who qualify for it.
  • Aid Tips: Dealing with your Ankle Injury - By: Darren Agaton
    If you are looking for the finest and duly qualified legal advocates, there are personal injury lawyers in Los Angeles who handle ankle injury cases.
  • Requisites in Getting Permanent Disability Benefits - By: Darren Agaton
    Permanent disability is an impairment of physical or mental ability of a person for an indeterminable time, which enables him/ her to perform a normal work or do non work-related activities.
  • Protecting Yourself from Dog Bites - By: Darren Agaton
    It is always advisable that when you obtained physical injuries such as dog bites, you should seek for a lawyer's assistance so it would be much easier to process your claims.
  • The Advantages of Having an Employment Agreement - By: Darren Agaton
    Employment agreement or contract is vital in business especially if it is fully understood and abided. It displays trust and assurance between employers and employees, which are the foundation of a healthy business and strong relationship.
  • Basics in Social Security Programs, Providing Benefits to People ll - By: Jan Camille Canivel
    Through the Social Security, people are able to receive financial help during their time of need. However, benefits under these programs are not readily given to people who claim for them. They have to meet the proper requirements and go through a somewhat complex process. Hence, attorneys who have expertise on Social Security laws will be of great help.