Under the Americans with Disabilities Act, or ADA, it is unlawful for an employer to intentionally discriminate against a qualified person with a disability because of that person’s disability, if the person is otherwise qualified to do the job. Employer discrimination can take several forms: a company may refuse to hire or fail to promote a person with a disability, or it may terminate or lay off someone who becomes disabled.
What exactly constitutes a disability under the ADA is not as straightforward as one might expect. If an employee is deemed disabled under the ADA, then the Act requires the employer, rather than engaging in a prohibited action, to make a “reasonable accommodation” of the person’s disability. When an employer terminates a person with a disability, or refuses to take any steps to accommodate him or her, then attorneys can step in to try to resolve this dispute.