The ADA (Americans with Disabilities Act) protects applicants and employees with disabilities against employment discrimination, harassment, and retaliation in the workplace.

Discrimination under ADA

A job applicant or an employee who works for a covered employer can claim for employment discrimination under the ADA if they fulfil the following criteria –
• disability within the meaning of the ADA,
• qualifications to perform the job functions, with or without reasonable accommodation, and
• victim of “adverse employment action” because of the disability
• discriminated against,becauseof association with a person with a disability

The adverse employment actions mentioned above may include –
• disadvantageous transfers or assignments
• refusals to promote
• unwarranted negative job evaluations
• tolerating unlawful harassment by other employees, supervisors or third parties

Harassment under ADA

Employees or applicants, who believe they have been harassed, may have a cognizable claim if they can show the following elements –
• the employee/applicant was disabled under ADA,
• they were was subjected to unwelcome harassment,
• the harassment was based on their disability or request for accommodation,
• the harassment affected a term / condition / privilege of employment, such as job application procedures, hiring, firing, promotions, and compensation
• the employer knew or should have known of the harassment and did not take remedial action

Retaliation under ADA

An employee is retaliated against under ADA if they –
• engaged in protected activity,
• suffered an adverse employment action; and
• the adverse employment action followed the employee engaging in protected activity

“Protected activity” includes –
• opposing an unlawful practice under the ADA, or
• participating in the procedures for processing discrimination complaints through the EEOC

Protected activity includes –
• filing charges against discrimination with the EEOC or other agencies
• testifying as a witness to an EEOC investigator
• complaining to an employer about disability discrimination
• helping another employee to exercise rights under the ADA
• reporting disability-related harassment of a co-worker
• advocating on behalf of disabled students or the employee’s own child
• requesting a reasonable accommodation or reassignment
• recalculating an employee’s long-term disability benefit amount
• filling vacancies, for which an employee had applied, with employees with a lower rank

Any applicants or employees, who suffer any kind of retaliation that meets the above criteria, may be able to file a claim against retaliation under the ADA.

If you believe you have been discriminated against, harassed or suffered retaliation under ADA, it is advisable that you consult an employment lawyer, who can help you understand your rights and help you with your claim.

To learn more, consult one of the leading wrongful termination, and sexual harassment lawyers in Phoenix, AZ at Chahbazi Law PLLC or call 602-282-5868 Now! Attorney Meenoo Chahbazi uses her extensive experience and passion for employment equality to represent Arizona employees in a wide range of employment matters.