What can I do about discrimination under the ADA?

What can I do about discrimination under the ADA?

If you have suffered illegal discrimination under the ADA, you may be entitled recover back pay, compensatory damages, and attorney fees. In addition, punitive damages are available if an employee can show that the employer engaged in a discriminatory practice with malice or reckless indifference to the employee’s federally protected rights.

Can a employer be sued under the ADA?

An employer who fails to provide a reasonable accommodation has violated the law, and can be sued. Again, courts use somewhat different standards, but the basics of a prima facie case of failure to accommodate are: The employee has a disability as defined by the ADA.

What does the ADA mean for an employee with a disability?

The ADA also requires employers to provide reasonable accommodations to employees with disabilities. Accommodating an employee means providing assistance or making changes to the job or workplace that would allow the employee to do the job despite having a disability.

What makes a prima facie case of discrimination under the ADA?

Prima Facie Case of Failure to Provide a Reasonable Accommodation. The ADA doesn’t just prohibit employers from discriminating against employees with disabilities; it also requires them to make reasonable accommodations to allow employees with disabilities to do their job.

What constitutes wrongful termination?

What Constitutes Wrongful Termination. Wrongful termination generally means an unfair discharge for an employee. However, there are certain exceptions for unfair employment discharge. Wrongful termination can also be referred to as wrongful discharge or wrongful dismissal, wrongful firing, illegal dismissal, discharge or termination.

What to do about an unfair termination?

What to Do About an Unfair Termination Request a Reason. Ask your employer to put in writing the reason you were fired and any information on the circumstances that led to this point. Unfair and Wrongful Termination Differences. Consult a Labor Attorney. Considerations.

Do you need a wrongful termination lawyer?

If you feel that you were fired as punishment or retaliation for reporting unlawful behaviour, you should seek a wrongful termination lawyer. You will be protected whether the reported behaviour is illegal or not as long as the reporting was not malicious.

What does a wrongful termination lawyer do?

A wrongful termination lawyer can help if your employer fires you for an unfair reason. Wrongful termination occurs when your employer breaks an employment agreement with you, violates an employment or anti-discrimination law, or fires you in retaliation for whistle-blowing or for filing a sexual harassment or workers’ compensation claim.