ADA- Employment Rights:
ADA protects you from job discrimination on the basis of your disability. More specifically, if you have a disability and are qualified to do a job, the ADA protects you from job discrimination on the basis of your disability. The ADA also protects you if you have a history of such a disability, or if an employer believes that you have such a disability, even if you don’t.
How does ADA- Employment Rights help the person with a disability or family support system?
ADA allows people access to jobs. It’s important to note that for the ADA to apply, the person must satisfy the employer’s requirements for the job, such as education, employment experience, skills or licenses. Second, you must be able to perform the essential functions of the job with or without reasonable accommodation. Reasonable accommodation could be making the workplace readily accessible to and usable by people with disabilities (ex. Wheelchair ramps, widen doorways), part-time or modified work schedules, providing or modifying equipment or devices etc. Employers must make reasonable accommodations unless I would cause undue hardship.
How can a parent/caregiver gain access to this service?
It’s required by law for private employers, state and local governments, employment agencies, labor organizations, and labor-management committees. If a company refuses to comply, you can hire an attorney or complaints alleging employment discrimination can be filed directly with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC may bring suits against private employers, and the Department may bring suits against state and local government employers. A charge of discrimination generally must be filed within 180 days of the alleged discrimination. You may have up to 300 days to file a charge if there is a State or local law that provides relief for discrimination on the basis of disability. However, to protect your rights, it is best to contact EEOC promptly if discrimination is suspected. Note, it is illegal to retaliate against someone for making a complaint
Recommended websites, YouTube videos, books on this topic?
When needing supports of Employment Rights are there any questions or observations you would recommend parents to investigate before seeking assistance?
Seek an attorney if you think you are discriminated against these cases are tricky and you don’t want to accidently omit important information.
Written by: Erica Sonn, Esq., Attorney at Legal Aid Society of Palm Beach County