Protection Provided by Disability Law
Jan Camille Canivel
One of the different problems that can cause continuous suffering to people is being disabled because it prevents them from having control of their body movements. In addition, it also prevents them from functioning like a normal person. There are a number of people located in different areas all over United States who are suffering from disability.
In Los Angeles alone, there are a large number people who are suffering from it. The 2000 US Census in California showed that the number of disabled people who are aged five and above already reached around 1,775,000.
Disabled people continuously face problems concerning their physical, emotional and, and financial state. There are different federal laws that were created and implemented to lessen the suffering of disabled people by giving them the rights to be employed or to continue working. One of the laws that were designed to help disabled disabilities is known as Americans with Disabilities Act (ADA)
What is ADA? ADA is known as a law that was created in order gives protection to employees against discrimination based on disability. Employers are forbidden by ADA to discriminate disabled employees or job applicants in all aspects of employment including promoting, firing, hiring, and pay, among others.
In addition, employees are given protection against retaliation when they impose their rights, which are also provided by the law.
Disability as Defined by ADA Not ever kind of illness that people may suffer from qualifies as a disability. For the purposes of ADA, disability is a physical or mental impairment that extensively limits a person’s major live activity.
This major life activity is also known as a primary activity that can be done by almost everyone including sleeping, sitting, or standing. If a person’s illness does not significantly limit his/her capability in performing a major life action or activity, it will not count for the disability that is covered by ADA.
In addition, ADA does not provide protection for people who are only suffering from a temporary disability.
Coverage of ADA The following are the employees who are covered by the protection given by ADA: • Disabled employees- These are employees who have a physical or mental disability that puts a considerable limit on a major life activity. • Employees who are considered by their employers as disabled- There are instances wherein employers discriminate their employees based on their belief that they are disabled, even if they are not. • Employees with an impairment history- Employers are not allowed to take any unpleasant action against their employees due to the former disability of the latter.
However, employers are not required by this law to accommodate disabled people in cases wherein that if they performed that certain act, an undue hardship will be created. This means that accommodation would cause a considerable difficulty or expense to the business. There are specific factors that are considered in determining if the accommodation will make an undue hardship. Some of these factors include the business’ nature, cost and nature of the accommodation, and the employer’s financial resources, among others.
Seeking Assistance from Attorneys There are skilled Los Angeles attorneys who can help you fight for your rights if you are facing problems as a result of your disability. These experts will help you by using their knowledge regarding all legal aspects concerning the specific law governing your case.
To help you with employment issues such as discrimination based on disability, consult with our skilled Los Angeles employment lawyers. Log on to http://www.mesrianilaw.com/Los-Angeles-Employment-Lawyers.html and avail of our free case analysis.
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