Civil Justice Center - Washington & Ernster, LLC

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During the fiscal year of 2006 there were over 15,000 disability discrimination claims filed with the EEOC.

 

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Houston's Top Lawyers -- The Cletus Ernster & Mickey Washington Interview

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2007 - 2008 “Matthew W. Plummer, Sr. Justice Award.”

2007 Texas Super Lawyers

2006 Law Dragon 500 New Star

2006 H Texas Magazine Houston's Top Lawyers

NAACP Alex Award For Legal Excellence

NAACP Special President’s Award

Texas Lawyer Magazine 40 up and coming lawyers under 40

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Civil Justice Center

Disability Discrimination

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Employment discrimination laws have been enacted to protect against Disability Discrimination in the United States. One such law is the Americans with Disabilities Act of 1990 (ADA), which prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

Note: The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.

Forms of Disability Discrimination

Under Title 1 of the Americans with Disabilities Act (ADA), it is illegal to discriminate in any aspect of employment, including:

  • hiring and firing;
  • compensation, assignment, or classification of employees;
  • transfer, promotion, layoff, or recall;
  • job advertisements;
  • recruitment;
  • testing;
  • use of company facilities;
  • training and apprenticeship programs;
  • fringe benefits;
  • pay, retirement plans, and disability leave; or
  • other terms and conditions of employment.

Qualified Employee or Applicant & Reasonable Accommodation

An individual with a disability is a person who (i) has a physical or mental impairment that substantially limits one or more major life activities; (ii) has a record of such an impairment; or (iii) Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to (i) making existing facilities used by employees readily accessible to and usable by persons with disabilities, (ii) job restructuring, modifying work schedules, reassignment to a vacant position, (iii) acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

Requirements of the Employer

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Do I Have a Disability Discrimination Lawsuit?

If you feel that you have been discriminated against because of your disability, WE can help. Our law firm’s employment discrimination attorneys are an experienced team of trial lawyers that represent our clients in disability discrimination lawsuits. We are a small yet powerful boutique type law firm with the resources available to represent you in your time of need.

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Disability Discrimination Resources

EEOC Employment Discrimination Charge Statistics

Disability Discrimination News (National)

Area business briefs: Two St. Luke?s Hospital executives promoted - Kansas City Star
St. Luke?s Hospital of Kansas City on Thursday announced the promotions of two executives. Kevin Thorpe, who has worked for the hospital since 1979, most recently as a vice president, was named senior vice president of operations. Thorpe will ...

Pram ban petition backed by hundreds - Edinburgh News
he Disability Discrimination Act. They only allow buggies that can be folded to use wheelchair space if it is unoccupied. But parents protest that these are unsuitable for young babies, and say they are prepared to leave the space if a wheelchair ...

Dawe joins calls for Lothian Buses to rethink prams policy - Edinburgh News
The city bus company is facing growing anger over its policy of refusing passengers with prams or buggies that cannot be folded. Lothian Buses insists the move is to comply with the Disability Discrimination Act, because it ensures there is space ...

The current ferry service uses two boats, both of which are showing ... - Glasgow Evening Times
MOVES to replace the historic Renfrew Ferry with a pedestrian bridge are likely to be scrapped because of the £15million bill. Instead transport chiefs are expected to agree that the existing boats be replaced. The decision is to come after a £60 ...

Beyond the pale: How albinos cope with other people's prejudices - Independent
Share 'What the hell are you doing? You could have got yourself killed!" For the fourth time today, somebody is berating me for wandering out into the middle of a busy road. I'm used to it by now. Journalist, broadcaster and 28-year-old man I may be ...

Lis & the Single Girl: Appearance in the Workplace - FOX News
Ever wish you had your own personal Carrie Bradshaw to answer your questions ? not just about what to do if your boyfriend dumps you via text message ? but serious issues that confront us? This special edition of ?Lis on Law? will address ...

Cyberslackers ... all in a day's work? - Out-Law
This article is based on UK law and was first published in the Spring 2003 issue of OUT-LAW Magazine. The latest Claire Swire-style chain email "victim" to hit the headlines was City worker Trevor Luxton. Mr Luxton shot to fame during his employment ...

Disabled access to websites under UK law - Out-Law
If your business has a website, it should be accessible to disabled users. There are ethical and commercial justifications for this, but there is also a legal reason: if your site does not meet certain design standards, it is feasible that you could ...

District Fires Sick Librarian - School Library Journal
All Angela Page wants is her job back. The former media specialist at Liberty Middle School in upstate New York was fired last December for not showing up for work since 2004. But Page had a good reason. She got terribly sick from her mold-infested ...

Pod1 Addresses the Web Accessibility Issue - PRWeb
An independent web design agency based in West London, Pod1 has been providing specialist web design, web development and online marketing solutions since 2001. Core to Pod1?s ethos has been the continual drive to promote the importance of ...