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Preventing Americans With Disabilities Act Claims

On Behalf of | Jan 2, 2020 | Firm News |


The Americans with Disabilities Act (ADA) went into effect in 1990. The purpose of the ADA is to make available wide-ranging civil rights protections to those with disabilities.   The definition of a disability for the purpose of the ADA is any mental or physical impairment that puts substantial limitations on at least one significant life activities of that person. Significant life activities may include walking, seeing, properly taking care of yourself, hearing or even working. 

The ADA was designed to make certain that disabled people can obtain the same access to prospects available as those without disabilities. Some employers in West Palm Beach and throughout Florida fail to take the ADA as seriously as they should in order to avoid any legal recourse.

Who does the ADA Protect?

People suffering a wide variety of impairments and disabilities are protected by the ADA. Some of the impairments and disabilities commonly include the following:

  • Seeing impairments: Impairments relating to seeing can encompass any loss of visual perception or field.
  • Impairments with movement: Various conditions can affect mobility, such as strokes, muscular dystrophy, paralysis, and spinal cord injuries. Diminishing mobility impairments often reduce the use of hands, legs or upper extremities.
  • Hearing impairments: Hearing difficulties include hearing loss that prevents the person from entirely receiving sounds within their ears. If the hearing difficulty restricts the person’s capacity to perform a significant life activity, they are protected by the ADA.
  • Learning disabilities: Learning disabilities may make it hard to obtain and employ listening, talking, writing or cognitive abilities. Common learning disabilities include dyspraxia and dyslexia.
  • Special ailments. This commonly includes people suffering from conditions or illnesses, such as pregnancy, diabetes, AIDs or cancer which create a need for distinct considerations.

What Constitutes as an ADA Violation for Employers? 

The Americans with Disabilities Act provides assurance to people suffering from disabilities equal employment opportunities. In cases where a discriminatory barrier inhibits a disabled person’s accessibility, it may be considered an ADA violation.

The ADA forbids both public and private employers from discriminating against individuals with disabilities in all aspects relating to employment or actual work, which can include:

  • Hiring decision
  • Firing or termination choices;
  • Particular job assignments;
  • An employee’s evaluations; and
  • Both promotions and demotions.

Let Us Help You Today

Our West Palm Beach employment & labor law lawyers can help you with design employment policies to prevent any claims under the Americans with Disabilities Act. Businesses typically do not even realize that they are in violation of the ADA until after they are faced with a claim from a person with a disability.

Save your business from wasting time and money on lawsuits by having our skilled attorneys draft ironclad ADA related policies. The last thing your company wants is to have an employee file an ADA claim.

In case a workplace age discrimination claim was already filed, it is not too late to try and minimize your liability. It is important to fix the potential violation asap and verify if it is readily achievable for your business to be able to comply with the ADA. We can assist you with these two important steps, which are often sufficient to have an ADA related lawsuit dismissed. If you need assistance, contact us today at Pincus & Currier, LLP to find out more about how our West Palm Beach labor & employment lawyers can help your business become ADA compliant.