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Workplace Disabilities – Americans With Disabilities Act

Disability Discrimination

Failure to accommodate a disability may be a violation of the Americans with Disabilities Act (ADA) and or the Pennsylvania Human Relations Act. ADA claims are very complex and require a detailed legal analysis complex. The first question is whether the employee has a “disability” as the term is defined under the law. A disability for the purposes of the ADA is a condition, which substantially impairs a major life activity.

A disability must affect a “major life activity” which is also defined under the law. Major life activities may include things like walking, seeing, or breathing. The next consideration is whether the disability substantially impairs that activity.

Being Perceived as Disabled

An exception to the requirement that an employee actually be disabled under the law may be where the employer acts with the belief or “perception” that the employee is disabled. But this does not mean that simply calling an employee disabled suffices. The employer must actually perceive that the employee has a condition, which substantially impairs a major life activity.

Requesting a Disability Accommodation

In order to claim the protections of the ADA, the employee must first approach the employer and explain how the disability impairs his work and engage in an interactive process to obtain an accommodation. If an Employee needs an accommodation based upon a disability, the employee should explain the situation to the employer and document that explanation.

Call us today at (215) 884-6664 or contact us online to discuss your legal options.

Client Reviews

"I appreciate all of Marla's work, advice, guidance, compassion, kindness, and expertise. Without reservation, I will recommend her to anyone I come across with a workman's compensation issue, with much praise."

- Tim

"I had a unique and difficult workers comp case. Everything about my case was stacked against me, including my own doctor! Marla was recommended to me through a local union member. When I called and spoke to her, I knew that she was exactly the right person for me to work with. She was always there...

- Kathy

"Marla: Thank you for always putting every effort into all of the hard work that you've done for me. Your professionalism is "unmatched" by all standards and I am mostly grateful to call you a friend! You are ALWAYS a professional and ALWAYS my friend. God Bless You and Your Family!"

- Andrew

"Thank you so much for all your help and understanding throughout Bill's accident and beyond. You are a wonderful person and more than our Attorney, but our friend. Please know we make sure to let anyone that could use your expertise aware that you are the ONLY one to contact as far as we are...

- Kristen

"When I first met with Marla Joseph, I discovered that all of the health problems I had were so much more serious than even I thought. She took my case on, and for the first time in my adult life, I felt that someone, other than my family, understood what my life was like. I was treated with the...

- Lenesther

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