Disability Discrimination
Titles I and V of the Americans with Disabilities Act of 1990 (ADA)
Title I of the Americans with Disabilities Act of 1990 makes it illegal for state and local governments, private employers, labor unions, and employment agencies from discriminating against otherwise qualified individuals with disabilities in hiring, firing, job application procedures, job training, compensation, advancement, and other terms and conditions of employment.
Who is considered disabled under the law?
As outlined by the ADA Amendments Act, the term “disability” means with respect to an individual, one who:
- Has a physical or mental impairment that substantially limits one or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such impairment.
The ADA Amendments Act changes the way these criteria should be interpreted. The amendment emphasizes that the definition of disability should be broadly interpreted to make it easier to bring a discrimination suit under this theory.
The Act also expands the definition of “major life activities” to include:
- Most activities previously recognized under the law, such as seeing and walking, as well as new ones, such as bending, reading and communicating.
- Major bodily functions, such as “functions of the immune system, normal cell growth, digestive, bowel, bladder, respiratory, neurological, brain, circulatory, endocrine and reproductive functions.”
Even though an impairment may be intermittent or in remission, it will be classified as a disability if, when active, it would substantially limit a major life activity.
The following are examples of persons that suffer from a disability and are protected by law.
AIDS
Persons that suffer from AIDS and have its symptoms are considered disabled and should contact a disability employment attorney.
ALCOHOLISM
Persons that are alcoholics and that suffer from alcoholism are within a protected class and should seek representation from a disability lawyer in New York.
ARTHRITIS
Joint disorder that results in inflammation of joints occurs in many forms including Rheumatoid Arthritis, Osteoarthritis and psoriatic arthritis to name a few.
ASTHMA
Persons that suffer from Asthma and have Asthmatic symptoms are considered disabled and should seek a reasonable accommodation from their employer. This is regardless if the Asthma is chronic, narrows the airways or results in coughing or wheezing.
BACK INJURY SPINAL INJURY
Persons that suffer from Back injury or Spinal injury that impairs functioning at the workplace
BLOOD DISORDER
Persons diagnosed with Blood Disorders including Hepatitis A, Hepatitis B, and Hepatitis C and other rare blood disorders
CANCER
Persons diagnosed with Cancer are protected by the (ADA) regardless of stage or severity and regardless of symptoms which often include persistent hoarseness, ulcer, difficult urine passage, fatigue or rash.
CEREBRAL PALSY
Persons diagnosed with Cerebral Palsy which is a disability of motor conditions that result in disability to body movement. Most cases occur at the time of birth or are congenital and are covered by the Americans with Disabilities Act
Crohn’s Disease
Persons that suffer from Crohn’s disease
DEPRESSION
Persons suffering from Depression categorized by dejection and thoughts of despair which can affect a person’s mood.
DIABETES
If you suffer from Diabetes, whether it be Type 1 Diabetes , Type 2 Diabetes , or Gestational Diabetes, you need a New York Disability Employment lawyer that can aggressively stand up for your rights. The firm has had successful results in these cases.
EPILEPSY
Persons suffering from Epilepsy as a chronic neurological disorder which manifests itself in seizures and are considered disabled under federal employment law.
EXTREMITIES IMPAIRMENT
Persons that suffer from impairment to extremities such as hand, leg and arm.
HEARING IMPAIRMENT
Persons suffering from hearing impairments which is the decreased ability to hear sound. It is most associated with birth defects although many cases develop in adulthood.
HEART IMPAIRMENT
Persons diagnosed with heart disease or Heart Impairment
HYPERTENSION
Persons suffering from high blood pressure have an elevated blood pressure in the arteries which requires the heart to function at an increased rate in order for blood to circulate through the body. Systolic and Diastolic measurements are what gauges blood. Classified as primary or secondary hypertension, a host of maladies result from elevated blood pressure often which are covered by the ADA.
LOST BODY PARTS
If you have lost any Body Parts which impair functioning
MIGRAINE HEADACHE
Persons suffering from migraine headaches and suffer disability discrimination in the workplace are protected.
MULTIPLE SCLEROSIS
Persons diagnose with multiple sclerosis
MUSCULAR DYSTROPHY
People that suffer from Muscular Dystrophy impairments
NEUROLOGICAL IMPAIRMENT
Persons suffering from Neurological Impairment which include, Nervous System Disorders, Epilepsy, seizure disorder and Severe Migraine headaches are protected under the Americans with Disabilities Act. These cases are prosecuted on behalf of all jurisdictions including New York, Brooklyn, Queens, Staten Island, Nassau County, and Suffolk County.
ORTHOPEDIC IMPAIRMENT
People diagnosed with Orthopedic Impairments
PARALYSIS
Persons afflicted with Paralysis
PREGNANCY
Persons suffering from complications from Pregnancy
PYCHIATRIC / MENTAL IMPAIRMENT
Persons suffering from Psychiatric Impairment or Mental Impairment
SPEECH IMPAIRMENT
If you suffer from Speech Impairment which include Stuttering, Muteness, Dysarthria, Apraxia, Speech Disorder and Cluttering Disorder you need to protect your rights with a lawyer familiar in these cases in jurisdictions which include New York, Nassau County, Suffolk County, Queens, Brooklyn and Staten Island.
THYROID GLAND DISORDER
Persons diagnosed with Thyroid Gland disorder including Hyperthyroidism, Hypothyroidism and Thyroid nodules or display symptoms such as tremors, heart palpitations, increased heart rate or autoimmune disorder
TUBERCULOSIS
Persons suffering from Tuberculosis and that exhibit symptoms such as chronic cough, fever, weight loss and night sweats. Radiology is generally credited with diagnosis.
VISION IMPAIRMENT / BLINDNESS
Persons that suffer from vision impairment or blindness are protected by the Americans with Disabilities Act
If you suffer from any of the above disabilities (This is not an exhaustive list by any means) and have been treated differently at work, you may have suffered disability discrimination in the workplace. If you have a disability and are qualified to do a job, there are federal and state laws protecting you from job discrimination, harassment, and retaliation on the basis of your disability. You are also protected if you are a victim of discrimination because of your association (family, business, social or other relationship) with an individual with a disability. My law firm appears throughout the country on Employment issues and regularly appear in New York City, Brooklyn, Bronx, Staten Island, Queens, and throughout Long Island, Nassau County, and Suffolk County. Please contact my office to receive a free consultation from a disability discrimination lawyer.