Americans with Disabilities Act
Emery Reddy’s advocacy on behalf of workers has directly changed Washington state law to clarify employers’ duty to accommodate their workers. We won this interpretation after a 7-year legal battle to defend our client’s rights. Because of our trial work, when an employee requests an accommodation needed to keep working, the employer must engage in an “interactive process” to discover a reasonable accommodation. This means that if you request a reasonable accommodation, your employer must work with you to come up with a solution that allows you to continue working. But few employers know the law in this area; and many others refuse to follow it.
If your accommodation request has been denied or your employer took an adverse action against you following that request, call us today so we can help. We have a long track record of bringing successful lawsuits against employers for ADA violations.
We also regularly take cases for other violations of the American with Disabilities Act, such as failure to hire, firing, or disparate treatment of those with disabilities. The ten most common disabilities are as follows:
- Back or spinal injury: the accommodation most likely to be required for employees with back and spinal injuries is a lifting limitation.
- Psychiatric/mental impairments: ADA claims in this category include impairments like depression, psychological problems, anxiety, post-traumatic stress syndrome and bipolar disorder/manic depression.
- Neurological impairments: epilepsy, severe migraine headaches and nervous system disorders are examples of neurological impairments.
- Extremities: hand and leg impairments and carpal tunnel syndrome (CTS) are included under this category of impairments.
- Heart impairments: when an individual has a heart defect, the accommodation required will likely be restrictions on lifting or strenuous activity.
- Substance abuse: substance abuse refers to both alcohol and drug abuse for ADA purposes.
- Diabetes: diabetes is an impairment specifically listed in the legislative history of the ADA as constituting a physical impairment.
- Hearing impairments: these cases include complete deafness and significant hearing loss.
- Vision impairments: vision impairments include total blindness and serious vision problems; accommodations may range from providing reading assistants to purchasing certain equipment.
- Blood disorder: ADA claims involving blood disorders often refer to Hepatitis. It is important to note that an employer may refuse to assign or continue to assign an individual to a position involving the handling of food if the individual has Hepatitis A or any other covered pathogen and if employer cannot eliminate the risk of transmission through reasonable accommodation
Call for a free consultation
We invite you to contact us, or request a meeting on our scheduling calendarContact Us