CUSHNER & BLOOM, P.C.
BROOKLINE, MA 02446
Tel. (617) 608-0019
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MORE ON DISCRIMINATION AGAINST THE DISABLED:
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OTHER AREAS OF DISCRIMINATION: |
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Contact Me:
1170 Beacon Street, Brookline, MA 02446 By telephone: (617) 608-0019 By fax: (617) 608-0022
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AN OVERVIEW OF
THE AMERICANS WITH DISABILITIES ACT
The Americans With Disabilities Act (the "ADA") prohibits employers from discriminating "against a qualified individual with a disability because of the disability of such individual." To establish a claim under the ADA, a plaintiff must show:
(1) that she is disabled within the meaning of the Act;
(2) that she is qualified to perform the essential functions of
the job either with or without reasonable accommodation; and
(3) that she as suffered adverse employment action because of the
disability.
The ADA defines disability as "(A)
a physical or mental impairment that
substantially limits one or more of the major life activities so
such individual;
(B) a record of such an impairment; or (C) being regarded
as having such an
impairment."
Major life activities include caring
for one's self, performing manual tasks, walking,
seeing, hearing, breathing, learning, working, sitting, standing,
lifting and reaching.
An impairment is "substantially limiting"
if it renders an individual unable to perform a
major life activity that the average person in the general population
can perform, or if it
significantly restricts the condition, manner, or duration under
which an individual can
perform a particular major life activity as compared to an average
person in the general
population. The following factors are considered in determining
whether a person is
substantially limited in a major
life activity: (1) the nature and severity of the
impairment; (2) its duration or anticipated duration; and
(3) its long-term impact.
Additionally, the determination of whether an individual is substantially
limited in a
major life activity must be made on
a case by case basis.
A person is substantially limited in
working if she is "significantly restricted in
the ability to perform either a class of jobs or a broad range of
jobs
in various classes as
compared to the average person having comparable training, skills,
and abilities." The
factors to be considered include: the number and type of jobs
from which the impaired
individual is disqualified; the geographical area to which the individual
has reasonable
access; and the individual's job training, experience, and expectations.
An employer commits unlawful discrimination under the ADA if the
employer
does not make reasonable accommodations
to the known physical or mental limitations
of an otherwise qualified individual with a disability who is an
applicant or employee,
unless the employer can demonstrate that the accommodation would
impose an undue
hardship on the operation of the business of the employer."
The ADA's regulations state that: "To determine the appropriate reasonable accommodation it may be necessary for the employer to initiate an informal, interactive process with the employee with a disability in need of the accommodation. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations.
Once a qualified individual with a disability has requested provision
of a reasonable accommodation, the employer must make a reasonable effort
to determine the
appropriate accommodation. The appropriate reasonable accommodation
is best
determined through a flexible, interactive process that involves
both the employer and
the employee.
Reasonable accommodations may include: job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, materials or policies, the provision of qualified readers or interpreters, and other similar accommodations.
Attorney Steven Bloom offers representation of persons who are discriminated against on account of a physical, mental or emotional disability. At Cushner & Bloom, P.C. we want our clients to understand the law behind their cases.
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