As our Colorado readers may have seen in our previous post here, an employer's requirement under the Americans with Disabilities Act to provide reasonable accommodations to an employee or potential employee who suffers from a disability is one of the most important aspects of the protections afforded under the ADA. The failure to provide reasonable accommodations could result in an employment discrimination lawsuit. For a former employee at Ford Motor Co., this is exactly what happened.
Our Colorado readers probably encounter the effects of the Americans with Disabilities Act in a myriad of ways in their daily lives and don't even know it. For some, it may be by using a wheelchair ramp at a public building - a modification that was designed and built in order for the building to come into compliance with the terms of the ADA. While these architectural changes to certain buildings are indeed a major and important part of the purpose of the ADA, they are just part of a larger goal behind passage of the law: to end the discrimination that anyone with a disability could encounter in their daily lives.
Discrimination in the workplace remains an unfortunate reality throughout the country, despite efforts by millions of employers to increase awareness of sensitive issues among their employees. While our Colorado readers are probably used to seeing news coverage about racial and sexual discrimination, some may not realize that disability discrimination remains a problematic issue as well.
Any of our Colorado readers who are familiar with lawsuits filed under the provisions of the Americans with Disabilities Act probably know that in some cases the main issue is whether or not the condition in question qualifies as a disability or not. After all, only those conditions that fall within the definition of "disability," as stated in the statute, are protected conditions under the law. This very issue appears to be the crux of the case for one man.
Most of our Colorado readers have probably experienced the anxiety and excitement that comes with interviewing for a new job. Whether it is a college graduate interviewing for that first position or a seasoned veteran of the workforce looking for a change, the interview process can elicit a range of emotions. But, something that often gets lost in the excitement of attending an interview is the fact that there are certain questions an employer is not allowed to ask a potential employee. This includes questions about a person's health or a disability.
Many of our Colorado readers probably know someone who has a disability but still manages to go to work every day. Changes in our society over the last several years have played a large role in making an individual who has a disability feel more comfortable about being around other people in a work environment. Changes to our laws have helped as well, and there is probably no law that has done more than the Americans with Disabilities Act.
Everyday throughout the state Colorado employees are concerned with discrimination based on a variety of factors. Some may believe that their employer has discriminated against them based on race or gender, while others have to endure the indignity of sexual harassment. All of these discriminatory behaviors are violations of state and federal law. Perhaps most unfortunate, however, is when an employer discriminates against an employee or potential employee based on a disability. When that occurs, the person who has suffered from the discriminatory act may have a legal option under the protection of the Americans with Disabilities Act.
Many of our Colorado readers are probably familiar with some of the protections including in the Americans with Disabilities Act. Like many employment laws in America, this Act is designed to protect employees and potential employees from discrimination. The ADA in particular is focused on protecting those employees or potential employees who suffer from some form of disability. What many people may not know, however, is that the Equal Employment Opportunity Commission is usually involved in lawsuits that allege violations of the ADA.
It is no secret that many Americans, including thousands in Colorado, have problems with their weight. According to a recent article, there was about a 50 percent increase in the obesity rate in America from 1997 to 2012. For some, extra pounds are viewed as an incentive to exercise, "get into shape" and work the pounds off. For others, obesity is a major concern in their lives, a concern that simply cannot be solved with a renewed focus on eating healthy and exercising.
Many of our Colorado readers may know that whenever an employee has a discrimination complaint to take up against an employer the U.S. Equal Employment Opportunity Commission is likely to get involved. A discrimination problem can arise from a variety of employer behaviors, such as discrimination based on a person's race, nationality, gender or even a person's disability. When a discrimination claim is based on a disability, however, the Americans with Disabilities Act comes into play in addition to other employment-based laws.