Employment Discrimination For Ada In Queens
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Analysis of cases decided under Title I of the Americans with Disabili- ties Act (ADA), which addresses employment discrimination, reveals that defendants have consistently prevailed in well over 90% of cases since the ADA's inception.
Under the Act, a plaintiff is required to present evidence that he or she (1) suffers from a disability, (2) is a qualified individual, and (3) was subjected to an adverse employment action because of the disability.
The ADA places on the plaintiff the burden of showing that the plaintiff is qualified. The plaintiff must show the ability to perform the essential functions of the job either with or without a reasonable accommodation.
Medical records, along with corroborating testimony, can prove you have or had a disability. However, in cases where discrimination is based on a perceived disability, substantiating employer statements or nonverbal conduct regarding your mental or physical abilities becomes crucial.
The ADA only prohibits discrimination on the basis of disability. It makes it unlawful to refuse to hire a qualified applicant with a disability because he is disabled or because a reasonable accommodation is required to make it possible for this person to perform essential job functions.
You can file an ADA complaint alleging disability discrimination against a state or local government (Title II) or a public accommodation (Title III - including, for example, a restaurant, doctor's office, retail store, hotel, etc.)
Americans with Disabilities Act (ADA): Title I of the ADA prohibits discrimination in employment against individuals with disabilities and Title II protects individuals with disabilities from discrimination in services, programs, and activities provided by State and local government entities.
