Super Lawyers
Philadelphia Bar Association
Super Lawyers badge
Montgomery County Bar Association
Pennsylvania Bar Association

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 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 for me 100%, even when it looked like my case was sinking; but she never gave up and fought for me until I won my case. She is a very nice woman, extremely fair and honest and very knowledgeable in workers' compensation law. My highest recommendations go to Marla Joseph!" 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 concerned if they want the best! Thank you again." 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 utmost respect and consideration. All phone calls were promptly returned. All correspondence was generated and followed-up with carbon copies to me. Meetings, doctors' appointments, and hearings were scheduled in a timely manner. Throughout this ordeal, Ms. Joseph always prepared me for important events and I was never alone. Marla was always there for me and believed in me. When an attorney genuinely keeps her clients' well-being and concerns in such a high regard, you know that you have someone very special on your side." Lenesther