Employment Discrimination ADA Defense
Under the ADA, Title I, prevents private employers and religious institutions with 15 or more employees, and state and local government from discriminating against qualified individuals who are disabled.
ADA claims against employers are customary when an individual demonstrates that he or she is disabled, a qualified individual and someone who has been exposed to an unlawful discrimination due to his or her disability.
Disability discrimination occurs when an employer treats an employee or applicant unfavorably due to his or her disability or because of his or her history of such disability. For example, an individual who has a terminal illness that is in remission or believed to have some mental or physical condition that is not temporary may also have the right to assert a claim under the ADA. The law also strictly prohibits an employer from discrimination in all aspects of employment, including recruitment, hiring, promotions, training, pay, social activities, and other privileges. It restricts questions that an employer can ask about an applicant’s disability before a job offer is even conveyed.
Call us today to speak with an experienced Employment Discrimination Defense attorney at 516-279-1554.
The ADA is designed to require an employer to make a reasonable accommodation, when necessary, to the known physical or mental limitations of individuals with disabilities. An employer is able to contest such reasonable accommodation by showing the accommodation results in an undue hardship to the employer. Critical to this analysis is whether the requested reasonable accommodation is necessary for the disabled employee or applicant to perform the essential functions of his or her job.
“Our law firm will work with and guide your business through the intricacies of the law under the ADA.”
In fact, employers routinely hire our firm to provide training to its high-level employees and executives so that it can better understand the rights of disabled employees and applicants under the ADA. In addition, in those circumstances where a claim under the ADA, does occur, our attorneys are ready to represent you from the commencement of the action to its final resolution.
Many of our clients ask, “what happens when a charge has been filed against my business?”
Well, the answer is not always that simple.
There are many ways that a charge can be handled by the EEOC, including
- Conducting a priority investigation into the claims
- Site inspections and interviews
- Dismissal of the charges
Nonetheless, for an employee or applicant to assert a claim under the ADA, a complaint must be filed with the U.S. Equal Employment Opportunity Commission (EEOC) within 180-days of the date of discrimination, or 300-days, if the charge is filed with a designated state or local fair employment practice agency.
If the evidence obtained in an investigation does not establish that discrimination occurred then this will be explained to the charging party and the case will be closed. An individual may then file a lawsuit in Federal or State court after he or she receives a “right-to-sue” letter from the EEOC. If a “right to sue” letter is issued then an employee or applicant must file his or her lawsuit within 90-days of such decision. An employee or applicant’s failure to comply with this procedure may be fatal to any subsequently filed lawsuits. Therefore, it is very important to understand your rights and defenses when facing such charges.
In the event the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination. EEOC will then attempt to have the parties enter into some sort of settlement to remedy the discrimination. Upon the conclusion of a successful resolution, there will be no further litigation by the EEOC unless the employer does not honor the resolution.
When EEOC cannot successfully resolve a dispute, the agency will decide whether to bring a Federal lawsuit against the employer. If it does not choose to pursue a Federal lawsuit then the case will be closed and the charging party will be given 90-days to file a lawsuit on his or her own behalf.
ADA employment discrimination lawsuits are time consuming, burdensome and intricate.
“Surrounding yourself with a team of attorneys that can lead you through this process will allow for your business to continue operating with little or no hitch.”
Please feel free to contact our law firm for a case evaluation and more detailed description of our services. Contact one of our Employment Discrimination Defense attorneys today – 516-279-1554.
Meet Our Professionals
The attorneys at Bashian & Papantoniou are constantly striving to take law to the next level. Our team is comprised of exceptional professionals who put their clients first. We are knowledgeable, personable and diligent. Client success is our top priority.