A disability should not preclude a person from working to his or her full capacity. The law supports this idea, making discrimination against individuals with disabilities unlawful.
Founded almost 25 years ago, Schneider Wallace Cottrell Konecky Wotkyns LLP is a well-known national employment litigation law firm. We are a team of dynamic trial attorneys who have a reputation for meticulous trial preparation and aggressive litigation. We are true trial attorneys who do not hesitate to take employment claims to court if that is the best option for our client.
Our approach depends upon our client’s goals. We may pursue lost income, damages or the special accommodations that the employer should have provided in the first place.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) prohibits an employer from discriminating against a person because of his or her disabilities. Discrimination includes work decisions, such as recruitment, hiring, promotion, benefits, salary, training, assignments, shifts and firing.
A “disability” is a physical or mental impairment that substantially limits one or more major life activity. This includes people who have a record of such an impairment, even if they do not currently have a disability. The employer’s belief that the employee has a disability is enough to trigger ADA protection, even if the employee does not actually have the medical condition.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is an important complement to the ADA. The FMLA mandates unpaid leave for people with medical conditions and disabilities to obtain treatment and recover. The FMLA also permits family members to take time off to care for a loved one with a disability.
An employer must make reasonable accommodations for an employee’s disability, unless doing so would be an undue hardship. A reasonable accommodation helps a person apply for the position, perform the duties of the job, find a different job, and partake in available benefits and opportunities.
The accommodation depends upon the employee’s disability. The employer might, for example, adjust the employee’s schedule, rearrange the work space or alter the way information is communicated. Light duty may be appropriate for a person who returns to work with a disability.
Learn More about Employee Rights Under the ADA and the FMLA
Schedule a claims evaluation with Schneider Wallace to discuss disability discrimination and protections under the ADA and the FMLA. Our attorneys are licensed to practice law in the state and federal courts in Arizona, California and Texas and have substantial experience in administrative proceedings at the EEOC and state employment agencies. Our firm conveniently maintains offices in Scottsdale, San Francisco and Houston.