How ADA Affects Employment
The American Disabilities Act (ADA) is a crucial piece of legislation that protects the rights of employees with mental or physical disabilities, requiring employers to make reasonable accommodations for these individuals. The act has important implications for employers to uphold these rights and prevent discrimination against individuals with disabilities.
Examples of conditions covered under the ADA include Injuries that prevent an individual from working for a specific period of time like shoulder injuries or broken bones, injuries that require corrective surgery like back surgery to address chronic pain, diseases like cancer, epilepsy, or asthma, and mental disabilities like bipolar disorders, chronic depression and post-traumatic stress disorder (PTSD).
Unfortunately, ADA violations in the workplace are more common than they should be, either due to ignorance regarding the act’s provisions or outright discrimination, which is why an experienced ADA attorney can be a valuable resource. At JacksonWhite Law, our Arizona attorneys support both employees and employers in cases surrounding the ADA to ensure compliance and secure the rights of those protected.
ADA Services for Arizona Employees
Employers can violate the ADA in several ways, including unfair treatment of persons with disabilities, failure to provide reasonable accommodation in the workplace, wrongful termination, and workplace discrimination. If an employer commits any of these offenses, an employee can open up a case.
At JacksonWhite Law, our employment attorneys offer support in a wide range of ADA violations to bring justice. Whether you are an employee who needs accommodations to physically access parts of the work area or have a mental health condition that requires scheduling accommodations, we can help. If you feel that your rights have been violated by an employer, we’ll provide you with representation to seek an outcome that makes the most sense for you.
We offer the following services to employees in Phoenix and Arizona as a whole:
- Support in gathering evidence of wrongdoing from employers
- Guidance in preparing documents requesting reasonable accommodation in the workplace
- Representation in negotiating settlements or damages with employers
- Representation in litigation against employers
- Legal advocacy in fighting for your rights in the workplace
ADA Services for Arizona Employers
The ADA has important implications for employers, and not following these requirements can lead to hefty fines. However, many employers lack a concrete understanding of the ADA and its requirements.
The ADA covers obvious disabilities like the inability to walk, but also a number of mental and emotional deficits. Understanding what is, and is not, covered by the ADA is very important for employers who want to comply with both the spirit and the letter of the law. Our employment attorneys at JacksonWhite Law will provide legal counsel on ADA procedures and requirements to assist employers in strengthening their internal processes and policies to prevent violations from happening in the first place.
We also represent employers who have been accused of violating the ADA to build an effective defense. While the ADA prohibits discrimination, it does still give employers significant latitude regarding hiring, firing and promotions within their workplaces. For example, if an individual cannot perform the scope of a job, an employer has a right not to hire them. If you were wrongfully accused of an ADA violation, our team can help.
Altogether, our attorneys can support employers in the following ways:
- Providing counsel in following or upholding ADA procedures
- Building a defense against claims of an ADA violation
- Negotiating settlements with employees
- Representing employers in litigation for an ADA lawsuit
- Reviewing current policies to determine their adherence to ADA standards
How JacksonWhite Handles ADA Cases
Our experienced employment attorney team at JacksonWhite Law takes a client-centered approach to ADA cases. During an initial case review, we’ll listen to your concerns and work to understand the circumstances surrounding your case. Then, we’ll use this information to determine the appropriate path forward.
From there, we’ll take the following steps to support you in handling ADA cases, while ensuring full transparency throughout the process:
- Conduct an investigation to gather evidence around the alleged violation using any communications with the employer, interviews with witnesses, and relevant ADA policies
- File any necessary documents with the court
- Identify any damages to the employee, including lost wages, emotional distress, and pain and suffering
- Build a defense using medical records and any relevant documentation
- Seek appropriate restitution through a settlement or negotiations with the employer
- If negotiations are not enough to resolve the case, we’ll file a formal lawsuit, represent you in litigation, and present your case with relevant evidence before the court
- Advocate for your rights during every step of the process
What Are the Possible Outcomes If You Hire JacksonWhite for Your ADA Case?
When you hire JacksonWhite Law for your ADA case, you can expect us to take all necessary steps to secure the best possible outcome for our clients. In our cases representing employees and employers, we always prioritize seeking justice for our clients.
Some possible outcomes of an ADA case include:
- Damages – If a case where an employee was wronged goes through litigation, we can represent the individual and secure damages to be paid out as restitution.
- Dismissal – If you are an employer wrongfully accused of violating the ADA, we’ll help you build a case to seek the dismissal of these charges.
- Settlement—We’ll seek a fair settlement for the damages on both sides of the case so that both parties can move forward.
- Compliance remedies – If the case arose due to a dispute around a lack of compliance with the ADA, a plaintiff victory may require the employer to make corrections to their policies or procedures that prevent a violation from occurring in the future.
Of course, every case is different. We’ll work tirelessly to understand the unique aspects of your circumstances and assist you in achieving the best possible outcome based on your situation.
Get Experienced ADA Representation Through JacksonWhite Law
The ADA is a crucial piece of legislation, designed to protect the rights of individuals with disabilities in their employment. Despite its importance, many employers disregard the regulations it puts into place. Fortunately, an experienced ADA attorney can assist in upholding the rights of employees while assisting employers in ensuring compliance.
At JacksonWhite Law, we represent both employees and employers in navigating ADA-related disputes. Our experienced attorneys Michael Pruitt and Nathaniel Hill have combined decades of experience in employment law with a long list of accolades and are ready to support you in your case.
If you’re an employee with questions or concerns about the legality of an employer’s actions against you, our team can help. We have years of experience defending employees in cases of ADA violations. We’ll work with you to get back the lost wages and finances you’re legally owed from your employer.
Or, if you’re an employer facing an Americans with Disabilities Act lawsuit, we’re available to assist you in building a defense and ensuring you maintain compliance with all regulations.
Contact us today to schedule your consultation. Call our Employment Law team at (480) 464-1111 to discuss your case.
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As a premier law firm, we’ve helped thousands of Arizonans navigate the often daunting process involved in employment-based legal problems.
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