Americans with Disabilities Act and Employment Discrimination Claims in PennsylvaniaNovember 16, 2012
The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications.
Is the Pennsylvania Employee Covered by the ADA?
To be protected by the ADA, you must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who:
- Has a physical or mental impairment that substantially limits one or more major life activities
- Has a history or record of such an impairment, or
- Is perceived by others as having such an impairment.
The ADA does not specifically name all of the impairments that are covered. Title I of the ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. Under the ADA, an employer may not ask a job applicant if he or she has a disability, or the type or seriousness of the disability.
Other Areas Implicated by the ADA
In addition to employment claims, the ADA also prohibits other conduct. As a result, you may also have a claim under the ADA if you have been denied access to public accommodations, public transportation or telecommunications because of your disability.
Protect Your Rights
Whether you are a Pennsylvania employer or employee, you have rights. If you are an employee, be certain to choose an attorney who will understand your concerns. If you are an employer, be certain that you find an attorney who will examine the case and work with you to reach a fair conclusion.