The Americans with Disabilities Act ("ADA") protects employees from discrimination as a consequence of their disability. The ADA applies to employers having at least fifteen employees.

A disability is any physical or mental impairment that substantially limits one or more major life functions, a record of such an impairment, or being regarded as having such an impairment. Major life activities include, but are not limited to walking, hearing, seeing, eating, sleeping, or reproducing. Intermittent disabilities, such as broken limbs, or appendicitis or isolated bouts of depression, would not be considered disabilities under the law. To be "substantially limited," with respect to working, an employee must be significantly restricted in the ability to perform a class or broad range of jobs.

The ADA protects an employee from discrimination where an employer regards him as being disabled even though the perception may be erroneous. Stated another way, if an employer mistakenly believes that an employee has a disability significant enough to be covered by the ADA, and the employer discriminates against the employee based on that belief, the employer may be found liable for violation of the law.

To be covered by the ADA, in addition to having a disability, an employee must be able to perform the essential functions of the job with or without reasonable accommodation. Employees who cannot do the job, or who cannot come to work on time on a regular basis, with or without accommodation, are not qualified to do their jobs and are not protected by the ADA. An employee may also be disqualified from protection under the ADA if he poses a direct threat to the health or safety of himself or others. For example, an employee who suffers from uncontrolled and unpredictable seizures might not be qualified to work around dangerous moving machinery.

An employer must engage in an interactive process with employees to determine if the employee's disability may be reasonably accommodated. An accommodation might include such things as a ramp, an elevator, a chairlift, an amplified sound system, a large computer screen, or an opportunity for periodic work breaks to rest or take medications.

If you believe you have been treated unfairly because of your disability, contact a disability lawyer at Maurer Rifkin & Hill.

11550 North Meridian St., Suite 115
Carmel, Indiana 46032-6900
P: 317-660-8138
F: 317-573-5564