Disability Discrimination – ADA

Disability Discrimination - Americans With Disability Act (ADA)

If you have been subjected to Disability Discrimination or Discrimination under the ADA, Saffren & Weinberg are expert attorney who specializes in Disability Discrimination Cases. 

Workers who have a disability, are protected from Disability Discrimination. 

Any person with a disability is protected under the Americans With Disability Act 42 USC §§12111, et seq (“ADA”) as long as your employer has 15 or more employees.  This means that if you have a disability, you cannot be subjected to discrimination in the workplace based on this disability if you can perform the essential functions of your job.

Essential functions of your job are defined as the fundamental duties of the job, which you must be able to perform without reasonable accommodation.  In other words, if your job is to lift and move boxes, and you cannot lift more than 5 lbs, you most likely cannot perform the essential functions of your job. 

In order for an individual to be categorized as having a disability under the ADA, they must have

  1. A physical or mental impairment that substantially limits one or more of the major life activities;
  2. Has a record of such impairments; and
  3. Is regarded as having such impairment.

Recognized impairments include life activities such as: breathing, sleeping, walking and other aspects of daily life.  Physical disorders such as epilepsy, diabetes, paralysis and deafness are recognized impairments.  Likewise, mental disorders such as bipolar disorder or major depression are also included.

If you have applied for a position, you cannot be subject to discrimination for your disability by a potential employer.  An employer does not have to consider an applicant who cannot perform the essential functions of the job.  In that case, the employer did not subject the applicant to discrimination. 

Employers who have a disabled employee must provide a reasonable accommodation to allow an employee to perform the essential functions of the job.  This can mean acquiring or modifying equipment, part time or modified work schedules, job restructuring, relocating an employee to a vacant position, or providing an interpreter.  It should be noted that an employer does not have to provide an accommodation if it results in an undue hardship to the business. 

Employers must engage in a dialogue with the employee as to reasonable accommodation if they know that the employee is disabled or they have any reason to know that the employee may need an accommodation. 

Pregnancy is generally not considered a disability under the ADA.

Employees should be keenly aware that in the event they qualify and take benefits under the Family Medical Leave Act (“FMLA”) and they are unable to return to work because of a physical ailment, the ADA is traditionally triggered and can protect their job.  Leave can be a reasonable accommodation under the ADA.

The Pennsylvania Human Relations Act, 43 P.S. §§951 et seq virtually mirrors the ADA.

How Can Robert Maizel Help You?

I am an experience employment lawyer who handles these matters regularly.  Our team investigates your claim to secure all of the information to help obtain a positive resolution to your case.  We know the law and we understand your needs.  No matter what your question, please feel free to call us at 215-695-3000 to discuss your case.  All consultations are free of charge.

Robert Maizel, Esquire

Robert Maizel is an Experienced Trial Attorney in Philadelphia with over fifteen years of trial experience.

You will speak to an attorney about your case!

Saffern & Weinberg has offices located in both Center City Philadelphia and Jenkintown, Pennsylvania.  Attorney Robert Maizel is a Partner with the Law Offices of Saffren & Weinberg.

Robert Maizel is associated with, and is a Partner with the Law Firm of Saffren & Weinberg. Robert Maizel is not a Law Firm, and rather Robert Maizel is affiliated with the Law Firm of Saffren & Weinberg.  All clients shall formulate an agreement with the Law Firm of Saffren & Weinberg, with the option of hiring Robert Maizel as lead counsel on your case to be heard in the State Courts of Pennsylvania, and Marc Weinberg as the lead counsel in cases to be heard in the Federal Courts of Pennsylvania.  Mr. Maizel handles all actions in the Administrative Courts of Pennsylvania including the EEOC and PaHRC.

Call Robert Maizel at 215-695-3000 to schedule your free consultation.

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