Disability Discrimination Attorney Shane McClelland Will Fight by Your Side

Disability Discrimination Attorney in Katy

Upholding the Americans with Disabilities Act

Under the Americans with Disabilities Act (ADA), disability discrimination is unlawful. An employer cannot discriminate against an employee or applicant with a disability. The ADA’s protection extends to conduct involving applicants and employees in the terms, privileges, and conditions of employment.

If you have experienced discrimination in the workplace because of a disability, seek legal representation from the Katy disability discrimination attorney at the Law Office of Shane McClelland. Our team is committed to helping clients seek justice for the wrongs against them.

To get started on your case, schedule a free case evaluation with us by calling our number (713) 242-1302.

ADA Basics

Under the ADA, employers cannot fire you, demote you, or otherwise affect a condition of your employment based upon a disability.

An employer also cannot ask you if you are disabled during an interview. Likewise, if it is obvious that you are disabled, then your employer or prospective employer cannot ask you about your condition. An employer can, however, ask about your ability to perform your job or prospective job functions. In the end, however, you cannot be kept from a job because you are disabled.

It is also illegal for an employer to discriminate against a non-disabled individual because of that person’s association with a disabled individual.

Disability Requirements

To be considered disabled under the ADA, you must be able to reasonably perform the essential functions of the job.

An individual is disabled under the ADA if he or she has a physical or mental impairment that substantially limits one or more major life activity, including for example:

  • Breathing
  • Seeing
  • Hearing
  • Caring for self
  • Walking

You may also qualify as disabled if you have a record of an impairment or are regarded as having such an impairment.

If you are disabled under the ADA, your employer must provide a reasonable accommodation for you. The only exception is if doing so would impose an undue hardship on your employer.

If you think your disability is the reason for your employment discrimination, please contact Katy disability discrimination lawyer Shane McClelland at (713) 242-1302 today.

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