Americans with Disabilities Act:

The Americans with Disabilities Act (“ADA”) aims to prevent discrimination against individuals with disabilities. Not every employee who has a medical condition is protected under this Act. To be protected by this Act an individual must be qualified for the job and have a disability defined by the law. The Equal Employment and Opportunity Commission (“EEOC”) states that a disability can be shown in one of three ways:

Americans with Disabilities Act

Americans with Disabilities Act

three ways a disability can be shown:

1.     An individual has a physical or mental condition that substantially limits a major life activity

2.     An individual has a history of a disability

3.     An individual is believed to have a physical or mental impairment that is not transitory and minor

A Few Distinctions

Further, the EEOC mandates that an employer must provide reasonable accommodations to assist an otherwise qualified individual in performing their job. The EEOC states, “a reasonable accommodation is any change in the work environment to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.” Further, the ADA states that a “reasonable accommodation” may include:

Reasonable accommodation may include:

  1. “making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and…”

  2. “…job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.”

important to note:

An employer must make reasonable accommodations to any known physical or mental limitations of an employee, unless the employer can demonstrate the accommodation would impose an “undue hardship” on the operation of the business/entity. An undue hardship could be any action requiring a significant difficulty or expense. The ADA states an undue hardship is viewed in light of:

  1. The nature or cost of the accommodation needed

  2. The overall financial resources” of the employer/business

  3. The size of the company with respect to the number of employees; the number, type, and location of its facilities

  4. The type of operation of the company


Lastly, federal anti-discrimination laws do not require accommodations for an employee who must take care of a disabled family member, however, the Family and Medical Leave Act (FMLA) may require an employer to do so. If you’ve been discriminated against, Tyler Allen Law Firm is here to help.We can help you determine if you have a case.  Contact us today for a consultation and to discuss your case by filling out the contact form on this page or calling (602) 456-0545.


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For more information about your legal rights or to discuss the facts of your legal claim, contact Tyler Allen Law Firm, PLLC for a legal consultation.