Lots of Cook County workers need occasional time off to deal with a temporary life change, such as the birth of a child or the lingering effects of a severe injury. The Family Medical Leave Act gives workers in these situations up to 12 weeks of unpaid leave. But sometimes, the situation is both more serious and more permanent. Additionally, a work crisis occurs at the entry or exit level, such as hiring/firing or promotion/demotion. The Americans with Disabilities Act, and some other laws, apply in situations like these.
The Equal Employment Opportunity Commission is the first responder in this area, but if the EEOC does not come through for whatever reason, disability discrimination victims can turn to a powerful attorney like Mitchell A. Kline. Though these claims are difficult to win, our professional team is not intimidated. We quickly evaluate your case and lay out your legal options. Then, once we decide on a course of action together, we never stop fighting for you.
The Americans with Disabilities Act basically ensures that employers make entry and exit-level decisions based on the employee’s merit and ability to do the job. So, the ADA applies to workers in a protected class, which is anyone affected by a:
Assume Sally, David, and Amara work in XYZ, Inc.’s marketing department. Sally has heart disease. Since she takes expensive medication to manage it, she has no symptoms. David is an epileptic, but he has not had a seizure in six months, so his condition is not a current disability. Amara has a chronically low iron level, which some people believe leads to a chronically low energy level. The ADA probably applies to all three of these people.
Further assume that XYZ fires Sally because her insurance coverage costs too much. That action is illegal unless XYZ establishes a disability-neutral reason for Sally’s firing, such as a poor attendance record. XYZ has the burden of proof on this point.
Now assume that epileptic David and anemic Amara request work assignment adjustments. They both need less-stressful environments to stay healthy. XYZ must make any reasonably necessary accommodations.
A phrase like “reasonable accommodation” may imply negotiation or give-and-take. But in most cases, that is not true. If David and Amara have a medical basis for their requests, they are presumptively reasonable. XYZ can only deny them if it has a legitimate business reason to do so. Excessive cost is generally not a legitimate excuse.
The Americans with Disabilities Act protects Cook County workers during every phase of the employment relationship. For a free consultation with an experienced employment law attorney in Flossmoor, contact the Law Office of Mitchell A. Kline. After-hours visits are available.