Americans With Disability Act In Maryland

In this article, you can discover:

• An overview of the protections provided by the Americans with Disability Act (ADA).
• The distinct differences between discrimination and retaliation in employment.
• Criteria that define a disability under the ADA and examples of protected conditions.

 What Is The Americans With Disability Act And How Does It Guard Against Discrimination?

The Americans with Disability Act (ADA) is a civil rights statute that primarily safeguards individuals in two ways. Firstly, it defends those with disabilities. Secondly, it protects individuals whom employers perceive to have disabilities, even if they don’t – these are known as ‘regarded as’ claims. The ADA aims to set limits on how employers can treat disabled individuals, ensuring that they remain an integral part of the workforce and aren’t sidelined due to potential accommodations.

Can You Provide Examples Of Discrimination Under The ADA?

Certainly. Discrimination often falls into three main categories:

1. Direct Discrimination: For instance, if you inform your employer about a medical condition, such as cancer, and they terminate your employment due to concerns about your productivity, this is direct discrimination.
2. Retaliation: This differs slightly from discrimination. If an adverse action is taken against an employee because they’ve requested accommodations or indicated future needs for them, it’s termed retaliation. A common retaliation scenario involves an employee requesting reasonable accommodation due to a disability, like a back injury, and the employer responding negatively or dismissing the employee.
3. Failure to Accommodate: This occurs when an employer initially provides an accommodation but later revokes it or fails to maintain it over time. A current prevalent example is the push for employees to return to physical offices instead of working remotely.

Which Disabilities Are Recognized By The ADA?

The ADA offers protection for a broad range of disabilities, as long as they align with the ADA’s definition of a disability. This definition encompasses any individual who has a physical or mental impairment that significantly hampers one or more major life activities. This includes evident medical conditions like cancer or Parkinson’s disease, but also conditions like ADHD which may affect one’s ability to focus. It’s worth noting that while conditions like alcoholism might be covered, drug addiction is not. Ultimately, the emphasis is on whether the disability substantially affects major life activities.

For more information on the Americans With Disability Act In Maryland, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (301) 753-3232 today.