At the Law Office of Jeffrey A. Goldberg, our Austin disability discrimination lawyer is a compassionate and reliable advocate for employee rights. Attorney Jeffrey Goldberg is Board Certified in Labor and Employment Law and has over 30 years of legal experience and represents employees and executives in complex employment law claims, including disability discrimination cases. If you or someone you know was the victim of workplace disability discrimination, we can help. For a free, strictly confidential case evaluation by an experienced Austin disability discrimination attorney, please contact us today.
Know Your Rights Under the Americans with Disabilities Act (ADA)
The Americans with Disabilities Act of 1990 (ADA) is a federal law that prohibits discrimination on the basis of a job applicant’s or employee’s disability status. Employees and executives should be assessed on their individual merits, not on stereotypes about what they can and cannot do in the workplace.
The ADA defines a “disability”, in part, as a physical or mental impairment that substantially limits a major life activity of an individual. “Substantially limits” a “major life activity” is one that severely restricts the individual from performing the activity. This would be an activity that is of central importance to people’s daily lives.
The ADA bars disability discrimination in hiring, firing, promotions, pay, and other workplace privileges. In addition, the law requires employers to engage in good faith practice to help disabled employees find reasonable accommodation to help them overcome potential obstacles in the workplace.
The ADA was amended effective January 1, 2009 and expanded coverage of the ADA. This amendment is known as the Americans with Disabilities Act Amendments Act [ADAAA]. This amendment to the ADA expands and clarifies a less demanding standard to cover a broad range of disabilities. The United States Supreme Court has given a broad interpretation of what individuals may have a disability and what would be considered a major life activity. Major life activities would include seeing, hearing, eating, sleeping, walking, learning, concentrating, normal cell growth, and the immune system. The ADAAA also clarifies that impairments that are episodic or in remission still qualify as a disability if the impairment substantially limits a major life activity while in its active state. Simply put, if an individual has a disability that impacts your life, you should be covered by the ADA and its amendment.
The scope of protection of the ADA extends to individuals that may have a current disability, a record of a disability, or if one is perceived, or regarded as having a disability.
Filing with the Equal Employment Opportunity Commission [EEOC] or the Texas Workforce, Civil Rights Division [TWCRD]
If you have been discriminated against due to a disability, regarded as having a disability or a record of a disability, there are short time limitations to file a Charge of Discrimination with the EEOC or the TWCRD. The EEOC is the federal agency for filing a Charge of Discrimination and the TWCRD is the State Agency located in Austin, Texas. Both agencies are responsible for investigating charges of complaints of discrimination, including disability discrimination.
You need to know which agency to file your complaint with and the time limitations to file. Contact a Board Certified Labor and Employment attorney in Austin for a free case evaluation to protect your legal rights.
What to Know About Reasonable Accommodations
As defined by the Department of Labor (DOL), reasonable accommodation is a modification or adjustment to a work environment that enables an individual who has a disability to access equal opportunities. In order to be considered ‘reasonable’, accommodation must not put an undue hardship on an employer. Here are some common examples of reasonable accommodations:
- Modifications to make buildings/bathrooms more accessible;
- Changes to work schedules to allow additional flexibility, including telework, or working from home;
- Giving an employee access to additional equipment or devices; and
- Adjusting certain tasks associated with a job position.
Of course, this list is just a small sampling of potential reasonable accommodations and varies on a case by case basis If a worker can perform the ‘essential functions’ of a job, they are qualified for the position, even if an accommodation is required. Ultimately, an effective accommodation is one that actually permits a disabled employee to thrive in the workplace. Accommodations should always be tailored to meet the unique needs of an employee. An employer is required to determine what accommodations may be possible, as well as assessing the employees’ ability to perform the essential functions of the job, and whether such accommodations would create an undue hardship. This process is called the interactive process whereby the employer, employee and health care provider determine what accommodations may be possible that would allow the employee to perform the essential functions of the job.
Why Hire Board Certified Labor and Employment Lawyer Jeffrey A. Goldberg
Disability discrimination claims are complex. You need a reliable advocate in your corner. As a Board Certified Labor and Employment attorney, Jeffrey A. Goldberg has over 30 years of experience and he fights for the legal rights for employees and executives. We know disability law. When you reach out to our legal team our staff will speak to you personally to obtain the facts about your case and the attorney will personally review your case for potential representation Our firm will:
- Conduct a free, comprehensive case evaluation by the attorney;
- If we are able to represent you, we will explain our rights and options under the ADA; and
- Build a strong case focused on getting you justice and fairness.
Call Our Austin Disability Discrimination Attorney Today
Call the Law Office of Jeffrey A. Goldberg, our Austin disability discrimination lawyer is an experienced, results-focused advocate for employee rights. If you or your family member was subject to disability discrimination in the workplace, we can help. Contact our law firm today for a free, strictly confidential case evaluation. We handle disability discrimination claims in Austin and throughout the wider region, including in Travis County, Williamson County, and Hays County.