If you find yourself disabled and unable to do your regular job, without accommodation, what are your rights? This article discusses an employee’s rights under the American with Disabilities Act (ADA), and the duties of the employer to the employee.
Congress enacted the [Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq.,] in 1990 to remedy widespread discrimination against’ persons with disabilities.” Smothers v. Solvay Chems., Inc., 740 F.3d 530, 543 (10th Cir. 2014). The ADA is not meant to give them preferential treatment, but to level the playing field. With the protection of the ADA, a worker who, despite a disability, is able to perform the essential functions of his job is entitled to reasonable accommodation from the employer, if needed.