The Americans with Disabilities Act (ADA) is a cornerstone of federal law, designed to ensure fair treatment for individuals with disabilities in the workplace. Yet, a common question arises: Does the ADA protect you from losing your job? Understanding the ADA’s protections and your rights as a employee, is essential if you face challenges at work due to a disability or medical condition.
What is the ADA, and Who is Protected?
The ADA was enacted to prevent discrimination against individuals with disabilities in employment, public services, and other areas. Under this law, employers with 15 or more employees are prohibited from discriminating against a “qualified individual with a disability” who can perform the essential functions of their job, with or without reasonable accommodation.
To be protected, employees must meet two key criteria:
- A physical or mental impairment that substantially limits one or more major life activities (such as walking, seeing, or concentrating).
- Qualification for the job in terms of education, skills, and ability to perform essential functions.
Reasonable Accommodations: What Does the ADA Require?
Employers are required to provide reasonable accommodations for eligible employees, allowing them to perform essential job functions. These accommodations could include flexible work hours, modified duties, or assistive technology. The goal is to enable employees with disabilities to continue working effectively without placing an undue hardship on the employer.
Example: In EEOC v. UPS Supply Chain Solutions, an employee who had a back injury requested modified duties to prevent further harm. Despite being able to perform the essential functions of the job with this accommodation, the employer denied the request, arguing it was unnecessary.
The Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of the employee, and the court ultimately ruled in favor of the employee. The ruling emphasized that under the ADA, employers must work with employees to find solutions that help them perform their job, as long as it doesn’t create significant difficulty or expense for the employer.
Job Security Under the ADA: Can You Still Be Terminated?
While the ADA offers significant protections, it does not guarantee job security in all situations. Here’s a breakdown of the conditions where ADA protections apply and where they may not:
- If an accommodation allows you to perform essential functions, termination based on your disability would likely violate ADA protections.
- If an employee poses a “direct threat” to health and safety that cannot be eliminated with an accommodation, the employer may have grounds for termination.
- If the requested accommodation causes undue hardship (meaning it is too costly or difficult to implement), the employer may have a valid defense for not implementing it.
In cases where an employee with a disability can perform the essential functions of their job with an accommodation, termination would generally be considered wrongful. For instance, an employee with a mental health condition who requested a flexible schedule to manage medical appointments successfully sued after being terminated without any attempt from the employer to adjust the schedule.
How the ADA Protects Against Retaliation
The ADA also prohibits employers from retaliating against employees who request accommodations or assert their rights under the ADA. Retaliation can include actions such as demotions, reduced hours, and harassment, as well as termination. The Equal Employment Opportunity Commission (EEOC) investigates such claims to enforce compliance.
Example: In Scheer v. City of Cedar Rapids, an employee with a physical impairment was terminated shortly after requesting reasonable accommodations due to severe nerve damage. She asked for an alternative work schedule and ergonomic adjustments, which would have enabled her to perform her essential job functions without exacerbating her condition.
However, the city denied her request and terminated her employment soon after. The court found the timing of the termination suspicious and ruled in favor of the employee, stating that the employer’s actions appeared retaliatory. This case underscores the ADA’s protections against retaliation, highlighting that employers cannot punish employees for requesting reasonable accommodations related to their physical or mental impairments.
When Does FMLA Overlap with ADA Protections?
In some cases, employees with disabilities may also qualify for Family and Medical Leave Act (FMLA) protections, which provide up to 12 weeks of unpaid leave for serious health conditions. While FMLA is separate from ADA, it can sometimes complement ADA protections.
For example, if an employee needs time off for a medical treatment related to a disability, they may qualify under the Family and Medical Leave Act. After FMLA leave is exhausted, the ADA may require the employer to provide additional unpaid leave if it qualifies as a reasonable accommodation.
Reporting Violations and Filing a Claim
If you believe your employer has violated your rights under the Americans with Disabilities Act (ADA), reporting the violation and filing a claim with the Equal Employment Opportunity Commission (EEOC) is often the first step. Here’s what to know about the process and your options for legal recourse.
Filing with the Equal Employment Opportunity Commission (EEOC)
The EEOC is the federal agency responsible for enforcing ADA regulations and ensuring that employees are not subjected to discrimination in the workplace. Here’s how to proceed with filing a claim:
Gather Evidence:
Start by compiling documentation of the alleged violation, including accommodation requests, responses from your employer, any records of adverse actions taken after your request, and any communication that supports your claim.
File a Charge of Discrimination:
Submit your charge with the EEOC, either online, in person, or by mail. The EEOC will typically require specific details about your employment, the discrimination you experienced, and evidence supporting your claim.
Timely Submission:
The ADA mandates that complaints be filed within a specific period—usually within 180 days of the alleged discriminatory act. However, in some cases, this timeframe may be extended to 300 days if state or local agencies are involved. Filing promptly is crucial, as missing the deadline may invalidate your claim.
EEOC Investigation and Mediation:
After filing, the EEOC will review your complaint. They may offer mediation between you and your employer as an initial step. If mediation is unsuccessful or declined, the EEOC may initiate an investigation to assess whether there is sufficient evidence of discrimination.
Right-to-Sue Letter:
If the EEOC finds grounds for a claim, they may take action against the employer. If they don’t find enough evidence or choose not to pursue the case, they will issue a “Right-to-Sue” letter, allowing you to take the matter to court independently within a specified timeframe, typically 90 days.
Steps for Legal Recourse
If the EEOC process does not result in a resolution or if you receive a Right-to-Sue letter, there are further steps you can take:
- Consult with an Employment Attorney: An experienced employment attorney can help you assess the strength of your claim, navigate complex ADA regulations, and strategize the best approach for pursuing your case.
- File a Lawsuit: With the help of your attorney, you may file a lawsuit against your employer, seeking remedies such as reinstatement to your position, financial compensation, or other damages.
- Prepare for Court: If your case proceeds to trial, you’ll need to present evidence and witnesses supporting your claim. Your attorney can guide you through each stage of this process, representing your interests and helping you build a strong case.
- Possible Settlement: Often, employers may choose to settle before a trial begins. Your attorney can help negotiate a fair settlement if it’s in your best interest, ensuring that your rights are upheld without the need for prolonged litigation.
Conclusion
The ADA provides essential safeguards for qualified employees with disabilities, offering protection against wrongful termination and discrimination. However, understanding the nuances of ADA protections, FMLA leave, and reasonable accommodations is key to navigating complex workplace issues. If your rights under ADA are being violated, consulting an attorney may be your best path forward.
Contact Bourassa Law Group today to speak with an experienced employment attorney who can help protect your rights and guide you through the legal process. We are here to ensure you get the fair treatment you deserve. Call us for a free consultation now.
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