The Americans With Disabilities Act (ADA) was signed into law in 1990, yet disabled people constantly experience obstacles in daily life, and especially in employment. Employers do not have the right to discriminate against the disabled in any part of the hiring process, and yet it happens on a depressingly regular basis. If you believe that you have been mistreated or denied an opportunity for job advancement due to your disability, it is crucial to know that you have options. Contact the law firm of Hitchcock & Potts for assistance.
Giving Disabled People The Protection They Need
The ADA was passed in order to protect the rights of disabled people to equal treatment at all points during the hiring process. A disability under the ADA is defined as a condition that “substantially limits” one or more major life activities. In turn, the law establishes that disabled workers are entitled to reasonable accommodations during the hiring process or on the job, as long as the accommodation does not pose an undue hardship on the owner’s business.
The ADA covers employees who are disabled, who have a history of impairment (such as chronic conditions), and employees that are seen as disabled by their employers (if someone is believed to be disabled and they are not, they are still protected if their employer engaged in discriminatory behavior based on that perceived disability). If you fall into any of these categories, you are protected from disparate treatment if it is based solely on your disability.
Often Seen As Optional
It is not uncommon for a disabled applicant or employee to seek accommodation and give up their quest after a refusal from their supervisor. In reality, the nature of “undue hardship” is extremely subjective and can often be argued with your company, depending on its size and market position. For example, an accommodation that costs $500 might bankrupt a small business, but for a Fortune 500 company, this would be little more than a drop in the proverbial bucket.
Too often, the ADA is seen as a ‘racket’ or a ‘burden’ that causes small business trouble and costs thousands, if not millions, in damage and lost income. However, it is the law, and it explicitly establishes that disabled workers have protections against discrimination—namely, that a disabled person is entitled to reasonable accommodation in all aspects of the hiring process and employment itself. Unless an accommodation is an undue burden to an employer, the ADA requires that it be granted.
Call Our South Carolina Employment Discrimination Lawyers Today
It’s important that you stand up for yourself under The Americans With Disabilities Act. The ADA is a complex law that often requires an experienced legal professional to parse in a way that makes sense. If you have been discriminated against due to your disability, calling the South Carolina employment discrimination law firm of Hitchcock & Potts is a good first step toward seeking justice. Attorney A. Christopher Potts has years of experience in these cases and will work hard for you. Contact our office today to schedule a consultation.