Many employers wrongly assume that disabled employees will not be able to perform the essential functions of their jobs. Many workers qualify as disabled under the Americans With Disabilities Act of 1990 (ADA) and the ADA Amendments Act of 2008 (ADAAA), but are unaware of their rights and protections. If you have an illness, disease, or a physical or mental condition, you may qualify as a protected individual and be entitled to reasonable accommodations and protection from unlawful discrimination because of your disability. It is also unlawful for covered employees to be discriminated against because they are regarded as, or perceived as, having a disability.
Individuals with conditions such as diabetes, multiple sclerosis, HIV/AIDS, cancer, epilepsy, dyslexia, heart conditions, mental illness, or other mental or physical conditions may qualify as disabled under the ADAAA. Individuals who qualify as disabled under the ADAAA may not be discriminated against in hiring, promotion, discipline, discharge, provision of wages and benefits, transfers, work assignments, performance evaluations, job training, or any other term or condition of employment.
However, the law regarding disability discrimination can be complex and you should consult with an attorney to determine your legal rights. If you have a disability or believe you qualify as disabled, and you are being, or have been discriminated against in the workplace, please contact the law firm of Henrichsen Siegel, P.L.L.C. right away for a consultation.