The Americans with Disabilities Act (ADA) provides essential protections for employees and job applicants with disabilities. It requires employers to provide reasonable accommodations so that qualified individuals with disabilities can perform the essential functions of their job. Unfortunately, not all employers comply with these laws, leaving employees vulnerable to disability discrimination.
If your employer has denied you accommodations or discriminated against you because of a disability, you have the right to take action. A Summerlin ADA lawyer can help you understand your legal rights and explore your options. At Greenberg Gross LLP, our experienced attorneys fight for the rights of employees across southern Nevada, including Las Vegas, North Las Vegas, and Boulder City.
What Is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) is a federal law that prohibits employers from discriminating against employees and job applicants with disabilities. It also requires employers to provide reasonable accommodations to help employees with disabilities perform their job duties. The ADA applies to employers with 15 or more employees and covers both public and private sector jobs.
Under the ADA, employers are required to:
Provide reasonable accommodations to help employees with disabilities perform the essential functions of their job.
Ensure disabled employees receive equal treatment and opportunities for promotions, pay, and benefits.
Prohibit retaliation against employees who assert their rights under the ADA.
If an employer fails to meet these obligations, they may be held legally responsible for violating federal laws that protect disabled workers.
What Is Considered a Disability Under the ADA?
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. This definition includes both visible and invisible conditions, such as:
Physical disabilities (mobility impairments, chronic illnesses, and hearing or vision impairments)
Mental impairments (anxiety, depression, PTSD, and other mental health conditions)
Short-term and long-term disabilities that significantly impact daily life activities
If you have a condition that impacts your ability to perform essential job duties, you may be entitled to legal protection under the ADA. A Summerlin ADA lawyer can help you determine if your condition qualifies as a disability under the law.
What Are Reasonable Accommodations?
Reasonable accommodations are adjustments or modifications to the work environment that allow employees with disabilities to perform their essential job duties. Examples of reasonable accommodations include:
Providing assistive technology or software
Adjusting work schedules to allow for medical appointments
Modifying job responsibilities or duties
Providing accessible workspaces for employees with mobility issues
Employers are required to provide reasonable accommodations unless it would cause an undue hardship for the employer. An undue hardship refers to significant difficulty or expense for the employer, but this standard is high, and employers cannot avoid providing accommodations simply because it’s inconvenient or costly.
If your employer claims that providing accommodations would cause an undue hardship, a Summerlin ADA lawyer can help you challenge that decision.
Signs of Disability Discrimination in the Workplace
Disability discrimination can take many forms, and it may not always be obvious. Here are some signs that you may be experiencing discrimination at work:
Your employer refuses to provide reasonable accommodations.
You are treated differently or harassed because of your disability.
You are denied a promotion or job assignment because of your disability.
You are asked to disclose medical information that is not required for your job.
Your employer retaliates against you after you file a request for accommodations.
If you have experienced any of these issues, you may be able to file a claim with the Equal Employment Opportunity Commission (EEOC) or pursue legal action against your employer.
How to File a Disability Discrimination Claim
If you believe you have been subjected to disability discrimination, you have the right to file a claim with the Equal Employment Opportunity Commission (EEOC) or the Nevada Equal Rights Commission (NERC). Here’s how the process typically works:
File a complaint with your employer, typically through the HR department.
File a claim with the EEOC or NERC. This must be done within a specific time frame, typically 180 to 300 days after the discriminatory incident occurred.
Investigation: The EEOC or NERC will investigate your claim and may offer to mediate the dispute between you and your employer.
File a lawsuit: If the agency finds that your claim has merit but cannot resolve it, they may give you the right to sue your employer.
It’s important to have experienced legal guidance throughout this process. An experienced disability attorney can help you file your claim, meet all deadlines, and present strong evidence to support your case.
How Greenberg Gross LLP Can Help
Greenberg Gross LLP is a leading law firm representing employees in southern Nevada, including Summerlin, Las Vegas, North Las Vegas, and Boulder City. Our attorneys are experienced in ADA cases and can help employees and job applicants fight back against disability discrimination.
Here’s how our attorneys can support you:
Legal assistance: We provide comprehensive support at every stage of the process, from filing claims to representing you in court.
Legal services: Our team offers guidance on filing claims with the EEOC or NERC, as well as filing lawsuits when necessary.
Evidence gathering: We help collect evidence, such as medical records, text messages, and employer communications, to prove discrimination.
Negotiation and settlement: We negotiate on your behalf to secure compensation and ensure your employer complies with federal laws.
If you’re unsure about the best course of action, you can contact our law firm for a free consultation. We’ll listen to your story, discuss your legal options, and offer guidance on how to move forward.
Compensation for Disability Discrimination Claims
If you successfully prove that you experienced disability discrimination, you may be entitled to compensation for damages. This could include:
Compensation for emotional distress, pain, and suffering caused by discrimination.
Punitive damages to punish the employer for willful misconduct.
Every case is different, so the amount of compensation you can receive will depend on the specific facts and circumstances of your case.
Frequently Asked Questions (FAQ)
1. What is considered a disability under the ADA? A disability is a physical or mental impairment that substantially limits one or more major life activities. This can include chronic illnesses, mobility impairments, and mental health conditions like anxiety or PTSD.
2. What is an undue hardship? An undue hardship occurs when providing a reasonable accommodation would be too difficult or expensive for an employer. However, the standard for proving undue hardship is high, and most employers must provide accommodations unless it would be significantly burdensome.
3. Can I file a claim if my employer fails to provide accommodations? Yes. If your employer fails to provide reasonable accommodations after you request them, you can file a claim with the Equal Employment Opportunity Commission (EEOC) or the Nevada Equal Rights Commission (NERC).
4. How long do I have to file a claim for disability discrimination? In most cases, you must file your claim within 180 to 300 days of the date the discrimination occurred. The exact deadline depends on whether you’re filing with the EEOC or NERC.
5. How do I prove that I was discriminated against because of my disability? Evidence may include medical records, email communications, performance evaluations, and witness testimony. You can also show that you requested a reasonable accommodation but were denied. A lawyer can help you gather evidence and build a strong claim.
6. Can I get compensation for my claim? Yes. If you prove that you were discriminated against, you may receive compensation for lost wages, emotional distress, and punitive damages.
7. Can I get help from a Summerlin ADA lawyer if I am a job applicant? Yes. Job applicants are protected under the ADA, just like employees. If you were denied a job because of a disability, you may have a claim for disability discrimination.
If you believe you have been subjected to disability discrimination in Summerlin, Las Vegas, or elsewhere in southern Nevada, it’s time to seek legal assistance. Contact Greenberg Gross LLP to schedule a free initial consultation with a Summerlin ADA lawyer. Our attorneys are here to help you protect your rights, hold your employer accountable, and pursue the compensation you deserve.
Greenberg Gross LLP – Summerlin ADA Lawyer
Address: 1980 Festival Plaza Dr Suite 730, Las Vegas, NV 89135, United States Phone: (702) 777-0888
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