Americans With Disabilities Act (ADA)

The ADA makes it unlawful for a covered employer to discriminate against a qualified individual with a disability. The ADA defines disability as a “physical or mental impairment that substantially limits one or more of the major life activities of an individual.” The ADA also requires covered employers to make reasonable accommodations for employees with disabilities.

The ADA prohibits employers from engaging in discriminatory conduct on the basis of an employee's disability. Employers may not limit, segregate or classify jobs in such a way as to discriminate; contract or arrange with others to discriminate; utilize discriminatory standards, criteria, or methods of administration; or exclude or deny qualified individuals from jobs or benefits on the basis of disability. In addition, an employer must make "reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability." The law provides an exception if accommodation would cause "undue hardship" to the employer's business. Thus, the ADA attempts to strikes a balance between the accommodations an employee desires to meet the job's requirements, and the investment and modifications an employer has to make to accomplish the accommodations. There are significant gray areas in this area of law that are open to interpretation by the Court System. This is where Webb & Scarmozzino can help you.

Although the ADA laws are ever-changing the attorneys at Webb & Scarmozzino, P. A. have a comprehensive understanding the ADA and the legal requirements for covered employers. Please contact our office if you need advice or representation in an ADA matter.