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Understanding ADA violations in the workplace

On Behalf of | Aug 25, 2023 | Employment Law (Employee)

The Americans with Disabilities Act (ADA) prohibits an employer from discriminating against an employee based on their disability.

The ADA is intended to support equal opportunities in the workplace and requires that employers with 15 or more employees provide reasonable accommodations for disabled employees. A reasonable accommodation might be something like providing a more accessible workspace or providing a parking spot for an employee who uses a wheelchair.

Unfortunately, an employer may violate the ADA and it can leave the employee unsure of what to do next.

ADA violations

ADA violations can occur in the hiring process when an employer refuses to consider a qualified candidate based on their disability.

The employer may also fail to provide reasonable accommodations for the employee. Employers are prohibited from retaliating against an employee for requesting an accommodation or creating a hostile or discriminatory workplace for disabled employees.

Retaliation may take the form of unfavorable job placements, terminating an employee or demoting them. A hostile or discriminatory work environment may include a failure to address harassment.

Addressing ADA with the employer

It’s helpful for the employee to keep a record of all dates and times when the ADA violations occurred. While the employee can discuss the concern with their supervisor or human resources department, they may decide to file a formal complaint instead with the Equal Employment Opportunity Commission.

Employees have a right to be free from discrimination based on disability in the workplace. If an employee needs help to address this issue, there is assistance available.