Full question:
I was laid off recently and I believe because of a medical condition. They the probably felt I could not handle the responsibilities. I have severe arthritis and have to walk on hard cement. I limp when I walk.
- Category: Employment
- Subcategory: Discrimination
- Date:
- State: Pennsylvania
Answer:
The Americans with Disabilities Act (ADA) protects qualified individuals with disabilities from employment discrimination. This law applies to private employers, state and local governments, employment agencies, and labor unions. Employers with 25 or more employees have been covered since July 26, 1992, and those with 15 or more employees since July 26, 1994.
Under the ADA, a person with a disability is defined as someone who has a physical or mental impairment that significantly limits one or more major life activities, has a history of such an impairment, or is perceived as having one. Major life activities include walking, seeing, hearing, speaking, and working. Your severe arthritis may qualify as a disability if it substantially limits your ability to walk.
To be protected under the ADA, you must be able to perform the essential functions of your job, with or without reasonable accommodations. Employers are not required to change job responsibilities or excuse violations of work policies but must provide reasonable accommodations for employees with disabilities. These accommodations could include modifications to work policies, flexible schedules, or other adjustments.
If you believe you were discriminated against due to your medical condition, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). Anyone who feels discriminated against based on race, age, disability, religion, sex, or national origin can file a complaint. Complaints must be submitted in writing, ideally using the EEOC form, within 180 days of the alleged discrimination.
After filing, the EEOC will investigate your claim. If they find reasonable cause for discrimination, they will attempt to resolve the issue through conciliation. If no agreement is reached, the EEOC may file a lawsuit or allow you to do so. If they find no violation, you can still pursue legal action within a specified time frame.
Proving discrimination can involve direct evidence of discriminatory intent, which is rare, or circumstantial evidence showing a pattern of discrimination. This may include statistical analysis or other indirect evidence.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.