The Americans With Disabilities Act: What You Should Know
Disability Protections Have Evolved
The Americans With Disabilities Act, or “ADA,” was passed nearly 20 years ago to protect the rights of employees with disabilities or handicaps. It prohibits discrimination based on disability or perceived disability and requires employers to provide reasonable accommodations to allow workers with disabilities to do their jobs.
Over time, courts have interpreted the law in ways that made it unclear to most employees what protections were available to them under the ADA. To remedy this situation, Congress recently passed the ADA Amendment Act of 2009, or “ADAAA.”
If you are dealing with disability discrimination, the ADAAA should make it easier to file a successful claim. You do have rights under the Americans With Disabilities Act, and the Law Office of William M. Julien, P.A. can help.
Attorney William M. Julien has more than 25 years of experience protecting people’s rights in the workplace. He is committed to working with you to fight disability and handicap discrimination, and he has a long track record of success.
Contact us for a free initial consultation at our Boca Raton, Florida law office.
The ADA’s Definition Of Disability Is Changing
In order to qualify for disability under the ADA, you must prove that you have a disability that substantially limits a major life activity. In writing the ADAAA, Congress decided that the courts’ interpretation of the original ADA had been too strict. Many people with legitimate disabilities failed to qualify for protection. Congress has asked the EEOC to propose a definition that is closer to the lawmakers’ original intent.
- More “Major Life Activities” Are Now Covered By The ADA.Previously, courts had interpreted what was to be considered a major life activity under the Americans With Disabilities Act rather strictly. The ADAAA now makes it clear that bodily functions – such as normal cell growth, bladder and bowel control, immune system function, respiration, reproductive function, and others – are to be considered major life activities. If you have been told that your disability is not protected under the ADA, you should check again.
- You No Longer Have To Prove Your Employer Understood Your Disability. Under the old rules, a employee who complained about disability discrimination had to demonstrate that his or her employer believed that the particular disability substantially limited a major life activity. This was very difficult. With the ADAAA, the employee only needs to prove that the employer thought he or she had a disability and discriminated against him or her because of it.
Protect Your Americans With Disabilities Act Rights – Contact A Lawyer
What you need to know about the new ADA rules is this: You do have rights. Attorney William M. Julien provides aggressive counsel for people with handicaps and disabilities who are facing job discrimination.
To schedule a free, confidential consultation about your situation, contact us online or call 561-995-9990. We handle most cases on a contingency basis, so you owe no attorney fees unless we successfully resolve your case.