Does My Condition Qualify as A Disability?

Millions of Americans in the workforce suffer from health conditions that may qualify as a disability under the Americans with Disabilities Act (ADA). However, these workers are also discriminated against on a regular basis. Workers with disabilities may be mistreated by coworkers or their superiors. Some may be fired, demoted or kept from working on favorable assignments. Fortunately, these workers have legal protections and may be able to file a disability discrimination claim.

To qualify as a disability under the ADA, your health condition must meet certain criteria. The condition must cause you significant impairment in one or more major life activities. Courts will pay close attention as to whether your condition affects your current occupation or ability to earn a living.

There are other important aspects of the ADA that must be mentioned.

  • The ADA only covers employers with 15 or more employees. This includes private businesses, employment agencies, state and local governments, and labor unions.
  • You must be able to perform your job with or without reasonable accommodations. These reasonable accommodations are adjustments to your job duties. They cannot impose an undue hardship on your employer.
  • Some disabilities are only temporary. Pregnant women may face a condition that causes temporary disability. They may be covered under the ADA.

How an Attorney Can Help with A Disability Discrimination Claim

Many different types of conditions may qualify, even mental illnesses like depression. Alcoholism may also be covered. Speaking with an attorney may clarify whether your condition qualifies. California also has its own laws on disability discrimination. Workers have protections under the California Fair Employment and Housing Act (FEHA). If you have experienced disability discrimination in the workplace, you may have legal options to hold your employer accountable.

The Los Angeles workplace discrimination lawyers at the Law Offices of Kesluk, Silverstein & Jacob can help victims of disability discrimination discover if they have legal options.



Tags: ,

Leave a Reply

Your email address will not be published. Required fields are marked *