In order to protect those with disabilities from discrimination in the workplace, former President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law on July 26, 1990. The law protects individuals with disabilities against discrimination in areas of employment, education, transportation, access to public facilities, and all areas of public life. Not only are Virginia residents with disabilities safeguarded by the ADA, but they are also protected by the Virginians with Disabilities Act (VDA).
When an employer does not arrange reasonable accommodations and arrangements for those with disabilities or discriminates against a current or future employee with disabilities, the individual has the right to pursue legal action against their unlawful behavior. The Spiggle Law Firm was founded on equal opportunity and access for all and will relentlessly fight for justice on your behalf.
What Disabilities Does the Americans with Disabilities Act (ADA) Cover?
Under the ADA, those with disabilities are referred to as individuals with “physical or mental impairments which substantially limits their ability to perform one or more life activities.” When you believe someone in the workplace is discriminating against you due to a disability, it is essential to understand which disabilities are protected under the ADA. The disabilities that the ADA helps cover include:
Before you dismiss your claim and legal options, the above list does not cover all disabilities. It is essential to speak with an experienced Virginia disability discrimination lawyer about your disability and situation so that they may provide you with advice specific to your circumstances.
One of the ways your organization may discriminate or commit unlawful acts against you includes failing to provide you with the proper accommodations necessary to perform your job. Under both the ADA and the VDA, Virginia’s employers must provide fair arrangements to assist those with disabilities in performing the essential functions of their job. The following are a few examples of these accommodations:
For an employee to request disability modifications in Virginia, they must contact the appropriate agency or organization, which depends on the person’s circumstances and disability. Some examples of agencies individuals may need to contact include the Virginia Fair Housing Office for housing accommodations, the Virginia Department of Human Resource Management for employment accommodations, or the U.S. Department of Justice for public accommodations.
It’s important to note that not all accommodations may qualify under the ADA and VDA. Under VA code § 51.5-41, the law states an employer must make reasonable accommodations for those with qualifying disabilities when “necessary to assist such a person in performing a particular job unless the employer can demonstrate that the accommodation would impose an undue burden on the employer.”
It’s also essential to make copies of receipts and requests of any accommodation requests. By collecting these vital documents, you will be able to create a paper trail of evidence about your employer’s discrimination and unlawful actions.
When you experience unfair treatment or discrimination based on your disabilities, you have the right to pursue legal action against the responsible party. The Spiggle Law Firm understands your frustrations and will offer knowledgeable and honest legal advice for your situation. Our empathetic and knowledgeable team has decades of combined experience and will provide you with responsive and compassionate representation.
We are committed to ensuring our clients’ needs and concerns are thoroughly understood and communicated. With our “Same Page Guarantee,” you can trust we will prioritize and clearly communicate your frustration and voice within the legal process. To learn more about your rights and explore the available options, we encourage you to speak with one of our team members by calling (202) 449-8527 or by completing the contact form on our website today.
Workplace Sexual Harassment: Was I Sexually Harassed at Work? Workplace sexual harassment is a pervasive problem that not only violates federal law but that also causes real harm to victims and companies. In fact, according to the latest statistics, at least 15 new workplace sexual harassment cases are filed with the U.S. Equal Employment Opportunity […]
Wrongful termination can be challenging to recognize, especially considering that Virginia is an at-will employment state. That means employers can fire employees at any point during their term with a company, without notice and without cause. That does NOT mean, however, that all terminations are legal or above board. Whenever firings violate federal employment laws […]
2023 was quite the year in terms of notable events and 2024 is shaping up to be no different. Here are some of the biggest labor-related news stories from last year. Even if you didn’t hear about these events, there’s a good chance you’ll likely feel their effects, even if indirectly. Key Supreme Court Decisions […]
Understanding the complexities of Virginia severance agreements is crucial for anyone navigating a job transition. While many believe these agreements primarily benefit the departing employee, they also offer several protections to the employer. They can provide a financial cushion and ease the transition for employees while offering employers insurance against future disputes. However, these agreements […]
