Understanding Your Rights Under the Americans with Disabilities Act (ADA)

Living with a disability should not mean facing discrimination at work, in public, or when seeking necessary services. Yet, many individuals with disabilities continue to experience unfair treatment. This can range from outright denial of access to subtle acts that hinder full participation in daily and professional life. When these situations arise, knowing your rights is crucial. The Americans with Disabilities Act (ADA) was established to protect individuals with disabilities and provide legal remedies when those rights are violated.

Understanding Your Rights

Part of knowing your rights is understanding how the law defines those rights and your relationship with them. In this article, we will explore these definitions in detail. This will help set the table for those who need access to legal resources and services to uphold their rights.

How Does the Americans with Disabilities Act Define Disability?

The ADA does not define disability in the same way a doctor or insurance provider might. Instead, it uses a legal definition focused on how a condition affects someone’s life. Under the ADA, a person has a disability if they have a physical or mental impairment that significantly limits one or more major life activities. These activities might include walking, seeing, hearing, learning, communicating, or caring for oneself.

A person can also qualify if they have a history of such an impairment, even if they are no longer affected. Additionally, if others perceive them as having such an impairment, they may also be covered.

The ADA covers several areas of daily life. Title I governs employment. Title II applies to state and local government services. Title III ensures access to public accommodations like businesses and public transportation. Title IV focuses on telecommunications and other access supports. Together, these sections form broad legal protection for people with disabilities. However, the key to that protection starts with whether the ADA applies and how disability is defined under its terms.

Discrimination under the ADA is not limited to people with disabilities. The law also protects individuals from being treated unfairly due to their association with someone who has a disability. Whether it’s a family member, partner, or close friend, that relationship cannot be used to deny equal treatment.

It’s necessary to note that the ADA does not apply to federal workers. Their rights are covered under the Rehabilitation Act.

What is a "Qualified Individual" Under the ADA?

In the employment context, protection under the ADA doesn’t mean every job must be offered to everyone. A person still needs to meet the baseline qualifications of the role. A “qualified individual” refers to someone who possesses the necessary background, such as education, experience, or skills, for the job they want or already hold. They must also be able to carry out the essential functions of that position, with or without reasonable adjustments.

Essential functions are the core duties of a job. These are the responsibilities that cannot be removed without changing the nature of the position. Minor tasks that don’t affect the core responsibilities do not count when assessing whether someone is qualified. If a person cannot perform a core function due to a disability, the employer must evaluate whether that function can still be performed with a reasonable accommodation. Often, a job posting or description written before the hiring process began may help identify which duties are essential, though it is not the only factor considered.

What is a Reasonable Accommodation Under the ADA?

Reasonable accommodations give people with disabilities the tools or adjustments they need to apply for jobs, perform work duties, and enjoy the same employment benefits as anyone else. These may include changes to the work environment, adjustments to job responsibilities, or modifications to application procedures. The goal is to create a fair chance at success.

This does not mean an employer must change the job entirely or operate at a loss. The law only requires reasonable accommodations that do not impose undue hardship on the employer. Each situation requires an individual assessment, and both parties are encouraged to communicate openly to identify practical solutions.

Reasonable accommodations can include modified work schedules, accessible workspaces, assistive technology, or reassignment to an open position. Employers must take these requests seriously and not retaliate against people who make them. If someone believes they have been punished for asking for accommodations or standing up for their rights, they may also have a valid retaliation claim.

Advocating for and Upholding the Rights of People with Disabilities

The ADA provides individuals with the legal tools to demand fair treatment. However, too often, those protections are overlooked or ignored by employers and organizations. If you or someone you care about has been mistreated based on a disability, the law offers a way forward. You don’t have to accept exclusion or retaliation.

Contact Justly Prudent and let us help protect your rights with the dedication, compassion, and advocacy you deserve.

Conclusion

Understanding your rights under the ADA is essential for navigating the complexities of living with a disability. The law is designed to protect you and ensure that you have equal opportunities in all areas of life. If you need assistance, do not hesitate to reach out for help. You are not alone in this journey.

DISCLAIMER: The information in this article is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Justly Prudent or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader should act or refrain from acting on the basis of any information included in, or accessible through, this article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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