Bill, I was just thinking about you the other day when I was researching info for the employment articles. I hoped that things were going well, and that is why you hadn't been in the forum lately. Sorry that things are not going well.
Here is what constitutes discrimination under the Americans with Disabilities Act.
Americans With Disabilities Act Standards
The ADA prohibits an employer from discriminating against a qualified individual with a
disability, who is an employee or applicant, because of his or her disability. 42 U.S.C. �
12112(a).
"Discrimination" under the statute includes:
not making reasonable accommodations to the known physical or mental limitations of an
otherwise qualified individual with a disability who is an applicant or employee, unless
such covered entity can demonstrate that the accommodation would impose an undue
hardship on the operation of the business of such covered entity. 42 U.S.C.
�12112(b)(5)(A).
Disability is defined in the statute as:
A. a physical or mental impairment that substantially limits one or more of the major
life activities of such individual;
B. a record of such an impairment; or
C. being regarded as having such an impairment.
1
To establish a prima facie case of disability discrimination under the ADA, the United
States must demonstrate that the Charging Party: (1) is an individual with a disability; (2) is
otherwise qualified to perform the job requirements, with or without reasonable accommodation;
1
42 U.S.C. � 12102(2); See also Sutton v. United Airlines, 527 U.S. 471 (1999) (plaintiff�s
impairment must be evaluated in light of her mitigating measures).4
and (3) suffered an adverse employment action because of his disability.
2
Here is a link to the website. I think you need to do research and see what the ADA can do for you.
Americans with Disabilities Act Homepage Knowledge is power! Let us know how you are doing.
Connie