Disability discrimination occurs when an employer treats a qualified employee or applicant unfavorably due to their disability. This discrimination can manifest in various employment-related activities, such as hiring, firing, promotions, pay, and benefits. The goal is to ensure equal opportunities for individuals with disabilities in the workplace. If you’ve faced discrimination based on your disability, LegalSuite™ is here to advocate for your rights. At The LegalSuite™, we’re committed to fighting disability discrimination. Our experienced attorneys understand these federal laws and will work tirelessly to protect your rights.
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in private employment, state and local governments, employment agencies, and labor unions. Title I of the ADA specifically addresses employment, ensuring that covered employers (private businesses, educational institutions, etc.) with 15 or more employees do not discriminate against individuals with disabilities. The ADA additionally prohibits disability discrimination in employment for those employed by federal agencies, employers/businesses contracting with federal agencies, and programs receiving federal financial assistance under Section 501 of the Rehabilitation Act.
An individual with a "disability" is a person who: (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having an impairment that is not transitory and minor and is subjected to an ADA-prohibited action based on that impairment. A "qualified" employee or job applicant with a disability is considered one who, with or without a reasonable accommodation, can perform the essential functions of the the job in question. The ADA also requires employers to provide workplace accommodations upon request, to enable disabled employees to perform their jobs. These accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities.
Medical leave refers to time off from work that an employee takes due to their own serious health condition or to care for a family member with a serious health condition. It allows employees to address health-related issues without risking their job security. Employers with 50 or more employees (or public-sector employers) are required to provide eligible employees with unpaid, job-protected leave under the FMLA. Covered employers must grant up to 12 weeks of unpaid leave to eligible employees for specific reasons, including:
Employers must inform employees about their rights and responsibilities under the FMLA, maintain accurate records of FMLA leave, and provide necessary notices and certifications. During FMLA leave, employers must maintain the employee’s access to group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
The LegalSuite™ is committed to ensuring that employers comply with the FMLA, protecting both employees’ rights and the smooth functioning of workplaces.
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