The Americans with Disabilities Act (ADA) prohibits private and public employers from discriminating against a qualified individual with a disability in applying for jobs, hiring, firing and all other employment related activities on the basis of that disability, provided there is no undue hardship to the employer.

A “qualified individual” is a person with a disability who, with or without a reasonable accommodation, can perform the essential functions of the job position which the employee holds. Employers must engage in the interactive process with their employee. The interactive process requires the employer to determine if there is a disability present, if that person is a qualified individual who will be able to perform the essential functions of the job, if there is a medical necessity for a reasonable accommodation, and if there is an undue hardship presented to the employer if the employee were to receive such an accommodation (in which case an employer would not be in violation of the ADA for not providing the accommodation).

Employees are able to file claims against their employers with the Equal Employment Opportunity Commission (EEOC) and through private lawsuits.

With new ADA opinions released every week, Lerch Early’s attorneys are prepared to address business’ concerns in this ever changing landscape.

Whether its navigating pregnancy-related concerns, the lesser known Association Provision of the ADA, medical marijuana, obesity, comfort animals, the intersection of ADA with the Family and Medical Leave Act (FMLA), or any other health related issues in the workplace, Lerch Early’s experts are here to assist.