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Birmingham, AL Attorneys Specializing in Disability Discrimination

The American’s with Disability Act prohibits discrimination on the basis of disability

Generally, The American’s with Disability Act prohibits discrimination on the basis of disability in employment, public accommodations, commercial facilities, public transportation, and telecommunications. The most common discrimination protections arise under Title I and Title III.

Under Title I, which covers employers with 15 or more employees, you have a disability if you have a physical or mental impairment that substantially limits a major life activity, if you have a history of a disability, or if an employer believes that you have a disability, even if you don’t.

Further, if you have a disability, you must also be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation. This means two things. First, you must satisfy the employer’s requirements for the job, such as education, employment experience, skills, or licenses. Second, you must be able to perform the essential functions of the job with or without reasonable accommodation. Essential functions are the fundamental job duties that you must be able to perform on your own or with the help of a reasonable accommodation. An employer can’t refuse to hire you because your disability prevents you from performing job duties that are not essential to the job.

Title III focuses on private businesses (also known as public accommodations). All new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if it is readily achievable. Public accommodations include facilities such as hotels, restaurants, bars, theaters, and museums, just to name a few.
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