Disability Discrimination (ADA)

The experienced, dedicated Georgia employment law attorneys in Atlanta at Martin & Martin routinely successfully handle cases involving the Americans with Disabilities Act.

Atlanta disability law attorneys, Kimberly Martin and Tom Martin, are tenacious litigators representing employees with disabilities. In 1985, Tom’s wife, and Kimberly’s mom, was diagnosed with multiple sclerosis. They know the consequences to someone’s life when they are diagnosed with a devasting medical disorder. They also know that with reasonable accommodations, many employees with disabilities can not only continue to successfully perform their job duties, but they want to continue to perform their job duties. Kimberly and Tom are passionate about ensuring that the ADA’s protections of employees with disabilities are enforced.

Title I of the ADA is designed to assist individuals with disabilities access the same employment opportunities and benefits available to employees without disabilities. It requires employers to provide “reasonable accommodations” to qualified employees or applicants. It defines a reasonable accommodation as any adjustment or modification to a job or the work environment that would enable an employee or applicant with a disability to perform the essential functions of the job.

Examples of reasonable accommodations include:

Accessible Parking

Equipment Change (e.g., an employer purchases a large screen monitor for an employee with low vision)

Reorganization of the Job (e.g., an employer provides a written checklist to ensure an employee with an intellectual disability can complete their tasks)

Improvement of accessibility in a work area

Change in the presentation of training materials

Allow a flexible work schedule

Allow time off for medical appointments

These types of modifications enable a person with a disability to have an equal opportunity to not only obtain a job but to perform their job tasks successfully to the same extent as individuals without disabilities.

Atlanta disability law attorneys, Kimberly and Tom, routinely speak with hardworking Georgia employees who have been treated unfairly on the basis of a disability like multiple sclerosis, epilepsy, cancer, chronic migraines, depression, anxiety, and orthopedic disabilities. Kimberly and Tom work with employees and their employers to develop reasonable accommodations so the employees can continue to successfully perform the job. They also represent employees in federal litigation when an employer refuses to provide a reasonable accommodation or terminates an employee on the basis of a disability. They have successfully represented many employees throughout the state of Georgia who were treated unfairly on the basis of disability.

As disability law attorneys in Atlanta, Georgia, Kimberly and Tom, unapologetically aggressively litigate their ADA cases because they are passionate about representing employees with disabilities. They know the impact of disability discrimination on their clients. Not only do their clients face disability discrimination when they are terminated, but they are then faced with trying to become employed as an individual with a disability. As one of the founding principles of the firm, Martin & Martin battles to recover every cent that their clients are entitled to under federal employment law statutes because they know the value of that recovery to their clients who are saving for retirement, are single parents, or paying for health-care/medical devices for their disability.

Statute: The Americans with Disabilities Act (ADA).

Who Does it Appy to: The ADA applies to all employers with 15 or more employees. It applies to employees with disabilities who can perform their job functions with or without the need of reasonable accommodations. The term “disability” includes both physical and mental health conditions like depression and anxiety. It also protects employees who are perceived by their employer to have a disability whether or not they actually do.

What Does it Say: There are three main components of the ADA with respect to employment:

(1) the ADA requires employers to provide reasonable accommodations to employees with disabilities, if needed, so that they can perform their job duties;

(2) the ADA prohibits employers from discriminating against employees and employee candidates on the basis of disability, e.g., terminating an employee because the employee has a disability, not hiring an employee candidate because they have a disability; and

(3) the ADA prohibits employers from retaliating against an employee for requesting a reasonable accommodation or complaining about disability discrimination.

When do You have to Act: The ADA, like other employment laws, has a statute of limitations that requires employees to file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days of the disability discrimination or retaliation. Once the EEOC issues a Notice of Right to Sue, the employee has 90 days to file a federal ADA lawsuit.

Why Should You File a Claim: An employee can recover damages for violations of the ADA including lost wages, future lost wages, compensatory damages, punitive damages, and attorney’s fees and costs of litigation.

How do You File a Claim: Once an individual with an ADA case retains Martin & Martin, the firm files a Charge of Discrimination on behalf of their client and upon receipt of the EEOC’s Notice of Right Sue, they file the federal ADA lawsuit in federal court.

If you believe you have been discriminated on the basis of a disability, if your employer refuses to provide you with a reasonable accommodation, or if you have been terminated because of your disability, Atlanta disability law attorneys, Kimberly and Tom, welcome the opportunity to speak with you. The ADA has a short statute of limitations and it is running, so speaking with an attorney as quickly as possible is important. Therefore, Tom and Kimberly are typically available for same day free consultations. Fill out the Contact Us form or call the firm directly for same day free consultations.

For more information about employment laws, see Employment Laws Frequently Asked Questions.