A Guide to Your Rights (and When to Call a Lawyer!)
Welcome! If you’ve landed here, you might be wondering, “What is this ADA, and why does it matter to me?” We’ve got you covered. The Americans with Disabilities Act, or ADA, is a monumental law passed back in 1990 to ensure that people with disabilities have equal rights and protection in various aspects of life—including the workplace. Let’s break down the essentials of the ADA and why it’s still making waves (and headlines) today.
What is the ADA, Anyway?
The ADA isn’t just a law—it’s a game-changer. The goal? To prevent discrimination against individuals with disabilities in workplaces and beyond. And it’s a pretty powerful piece of legislation. The ADA applies to companies with 15 or more employees and says that disability should not be a barrier to fair treatment at work. This law protects against discrimination in hiring, firing, pay, job assignments, promotions, training, and other aspects of employment.
ADA Claims Are Rising—You’re Not Alone
If you think you’re alone in navigating workplace challenges, think again. ADA claims have been rising steadily. According to the Equal Employment Opportunity Commission (EEOC), ADA-related charges hit over 29,000 in 2023, marking a 16% increase from the previous year. More people than ever are realizing that they have rights, and they’re standing up to ensure those rights are respected.
In particular, we’ve seen a surge in claims related to neurodiversity, which includes conditions like autism, ADHD, and dyslexia. Since 2016, ADA claims involving neurodiversity have jumped by 10%, meaning more people are using the ADA to protect their right to reasonable accommodations. So, if you’re wondering if you have the right to ask for an adjustment to your work schedule or a change to your workspace, you absolutely do—and there’s a growing community of people doing the same.
How Do I Use the ADA?
The ADA might sound complicated, but using it is simpler than you’d think. Here’s a quick guide to help you get started:
- Know Your Rights: The ADA protects individuals with disabilities, including physical and mental health conditions, as long as these conditions “substantially limit one or more major life activities.” This can cover a wide range of conditions, from mobility impairments to chronic illnesses to mental health conditions.
- Ask for a “Reasonable Accommodation”: Request a “Reasonable Accommodation”: This is central to the ADA. A reasonable accommodation is an adjustment that allows you to perform your job effectively. Need a different work schedule? A quieter environment? Assistive technology? You’re entitled to ask for these changes, and your employer must consider them—unless the request would create “undue hardship,” meaning it would be too costly or difficult for the company. Avoid asking for accommodations that are too broad or that would eliminate “essential functions” of your role. The ADA ensures you’re given reasonable support to perform your job while still meeting its core responsibilities. For instance, if you have ADHD and need written instructions, this would likely be a reasonable request. But if you ask to transfer essential duties to someone else, that could be considered unreasonable. If you are unsure what to ask for, there are some great resources available, for example this website that catalogs potential accommodations organized by condition: https://askjan.org/a-to-z.cfm
- Engage in the “Interactive Process”: Sounds fancy, right? It’s just a way of saying that you and your employer should work together to find a reasonable solution that works for both of you. It’s a give-and-take that’s designed to lead to a practical outcome. If your employer has questions, you should answer them, and work together to find solutions that work for both you and your employer.
- Know Your Options if Things Go South: Sometimes, things don’t go as planned. If your employer denies a reasonable request, or fails to provide accommodations, you may need to look at your legal options. The ADA protects you from retaliation for asserting your rights, so you have a support system in place if things get bumpy.
When Should I Call a Lawyer about the ADA?
Now, if everything works out smoothly with accommodations, that’s fantastic! But if you hit some roadblocks, don’t hesitate to get in touch with a lawyer who understands the ADA. Here are some scenarios where calling a lawyer is a smart move:
- You’ve Been Denied an Accommodation: If your request for a reasonable accommodation has been denied and the reasons don’t add up, a lawyer can help you understand your options and take the next steps.
- You’re Facing Retaliation: If you’re being treated unfairly after requesting an accommodation, the ADA prohibits retaliation. A lawyer can help ensure you’re protected and can guide you through how to respond.
- You’ve Experienced Discrimination: Sometimes, discrimination isn’t direct—it can come in subtle ways like missing out on promotions or assignments. A legal professional can help you spot ADA violations and navigate your response.
Final Thoughts
The ADA is more than a law—it’s a promise to ensure fair treatment and equal opportunity. You’re not alone in this journey. Thousands of Americans, just like you, are advocating for their rights, and the numbers are growing. So, whether you’re navigating the accommodation process or standing up against workplace discrimination, remember that the ADA has your back. If you ever need support, give us a call—we’re here to help make sure your workplace is a place where you can thrive. Contact us today.