Have You Experienced Disability Discriminaton? Contact a Los Angeles Disability Discrimination Attorney Today
Millions of Americans have a disability. The Americans with Disabilities Act (ADA) exists to protect individuals with disabilities from discrimination. Various fields offer protection, including employment, public accommodation, state and local government services, transportation, and telecommunications.
In terms of places of employment, the ADA covers all employers that have at least 15 employees. It covers privately owned businesses as well as those within state and local governments. The protections also extend to labor organizations and employment agencies.
When the ADA gets violated in any way a disability discrimination lawyer can help to protect the individual’s rights. Disability discrimination in the workplace, for example, is illegal, and a person with disabilities can retain an experienced attorney like those at Mann & Elias to fight back.
Who Does the Americans with Disabilities Act Protect?
The Americans with Disabilities Act protects all individuals who have a disability. A person is considered to have a disability when the following criteria apply to them:
- The individual has a physical or mental impairment that limits one or more major life activities to a substantial degree
- The individual has a record of their impairment
- The individual is regarded as having the impairment
Generally speaking, the ADA considers impairment as being in its most severe form. If a person is only occasionally impaired, the ADA looks at when their symptoms most often manifest. Two components make up having a disability. They include the following:
- The individual must have a physical or mental impairment
- The impairment must substantially prevent the person from performing major activities
Physical or Mental Impairments
To be considered by the ADA as having a disability, a person must have physical or mental impairment. However, not all conditions that prevent people from performing activities qualify as an impairment. The ADA has a broad definition of what constitutes a disability. A physical impairment is a condition, medical disorder or loss that adversely affects the body. The following are examples:
- Cardiovascular
- Circulatory
- Digestive
- Endocrine
- Genitourinary
- Hemic
- Immune
- Lymphatic
- Musculoskeletal
- Neurological
- Reproductive
- Respiratory, including speech organs
- Special sense organs
Any mental or psychological disorder qualifies as impairment. That includes mental deficiency, learning disabilities, intellectual disabilities, organic brain syndrome and mental illness.
What Conditions Qualify for the ADA as Physical or Mental Impairments?
There are many physical and mental impairments that the ADA covers. They include the following:
- AIDS/HIV
- Alcoholism
- Asthma
- Blindness and other visual impairments
- Cancer
- Cerebral palsy
- Depression
- Diabetes
- Epilepsy
- Hearing impairments
- Heart Disease
- Loss of body parts
- Migraines
- Muscular dystrophy
- Orthopedic impairments
- Paralysis
- Pregnancy complications
- Speech impairments
- Thyroid gland disorders
- Tuberculosis
Temporary or short-term impairments that leave very little to no lasting effects do not qualify under the ADA. Additionally, the ADA doesn’t protect against discrimination based on lifestyles. For example, being addicted to drugs is not considered a disability, whether the drugs in question are illicit or prescription.
What Is Considered Major Life Activities?
Major life activities are those that require the operation of any major bodily function. Even basic everyday things can fall under the category:
- Sleeping
- Eating
- Standing
- Walking
- Talking
- Dressing
- Bathing
- Shaving
- Prepare a meal
- Thinking
- Learning
- Interacting
- Working
If there is a substantial limit to performing these basic functions, a person can be considered disabled under the ADA.
What Factors Are Considered in Determining if an Impairment is Substantially Limiting?
Certain factors can determine whether a person’s impairment is substantially limiting. They include the following:
- The amount of time, effort, or difficulty it takes for the individual to perform a significant life activity
- The pain the person experiences in performing any actions
- How the impairment affects the way a bodily function operates
Working as a Major Life Activity
Working is part of the list of major life activities, according to the ADA. In some cases, an impairment may prevent a person from doing some aspect of a job. Sometimes, a person can be substantially limited when it comes to working. Certain classes’ jobs involve the type of work or duties that include heavy lifting or standing for hours at a time. A person cannot claim they are substantially limited if they can no longer perform a specific type of job.
However, if a person has experienced disability discrimination in the workplace or is denied employment for a position they are well qualified for, they have the legal right to retain a Los Angeles disability discrimination attorney. The employment attorneys for discrimination at Mann & Elias can advise regarding the ADA and the person’s rights regarding the workplace.
If you have experienced workplace discrimination due to a disability, the best disability discrimination attorney Los Angeles has to offer can help you take legal action. Contact the Law Offices of Mann & Elias to speak with an experienced Los Angeles workplace lawyer during your free consultation.