Greenville’s Lawyer for ADA Disability Violations

The Americans with Disabilities Act (ADA) is a federal law that provides protection to South Carolina employees with disabilities in the workplace. It prohibits employers from discriminating against any qualified individuals on the basis of disability in regard to any term or condition of employment. The employer is prevented, under this law, from making decisions like refusing to hire, firing, or failing to promote employees BASED ON the employee’s disability. The ADA only applies to employers with 15 or more employees.

A disability under the ADA is a physical or mental impairment that substantially limits one or more major life activities. This definition is deliberately broad so as to include a wide range of disabilities. However, in order for the law to cover an employee, the employee must be able to perform the essential functions of the position, with or without a reasonable accommodation. Typically, a fact-intensive consultation with an experienced employment attorney will help determine whether a potential client’s condition falls into this definition of disability.

“Reasonable accommodations” are another unique feature of the ADA. If the employee requests that the employer provide a reasonable accommodation for the employee’s disability, then the employer should initiate an interactive process with the employee to determine what accommodation can be made for the employee. The employer’s failure to engage in this process or to provide a reasonable accommodation can result in legal liability against the employer.

If a South Carolina employee has been discriminated against on the basis of a disability, or been refused a reasonable accommodation, or been fired for even requesting an accommodation, then that employee has legal claims against the company for violations of the ADA. These types of claims must first be filed with the Equal Employment Opportunity Commission (EEOC) before the employee can bring an ADA lawsuit in state or federal court.