Americans with Disabilities Act (ADA)

Individuals who have disabilities but are eligible to do a certain job are protected by the federal Americans with Disabilities Act (ADA) of 1990 and Louisiana Law. In order for a disability to qualify under the ADA, it must be a mental or physical impairment that substantially restricts a major life activity—for example, speaking, seeing, hearing, walking, standing, lifting, bending, breathing, carrying out manual tasks or caring for oneself. If you have concerns that you or a loved one has been the victim of employment discrimination based on a disability, our law firm may be able to help.

The Americans with Disabilities Act requires that employers make reasonable accommodations to permit the performance of a job’s essential functions by disabled individuals. The types of businesses that must comply with this law include private companies, government, employment agencies, labor organizations and labor-management committees. All of these labor organizations are strictly prohibited from discriminated against a disabled worker in:

The application process

The hiring process

Advancement opportunities

Making the decision to terminate an employee

Providing workers’ compensation benefits

Providing adequate training

Limiting or classifying an employee adversely

All of these actions are in direct violation of disability discrimination laws, and legal action can be pursued by any individual that has experienced any unfair treatment. Also, if an employee’s specific disabilities have not been reasonably accommodated by an employer, they may have grounds to take the matter to court. If you suspect you are the victim of workplace discrimination based upon a mental and/or physical disability, you should not hesitate to contact the experienced employment law attorneys at Miller, Hampton & Hilgendorf  immediately to discuss the facts and law of your case.