Atlanta Disability Discrimination Lawyer

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Disability Discrimination Attorney in Atlanta, GA

Facing disability discrimination in the workplace can be an isolating and overwhelming experience, impacting your career and personal well-being. At Hall & Lampros, we understand the essential role that respect and equal treatment should play in your work life. When those responsible for fostering an inclusive environment fall short, it can leave you feeling vulnerable and uncertain.

This page outlines how our experienced disability discrimination lawyers in Atlanta can step in to support you if you feel you’ve been treated unfairly because of your disability. We are dedicated to helping you secure the justice and compensation you deserve across Atlanta, GA, and ensuring your rights are upheld.

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Disability Discrimination Law Firm Serving All Courts in Georgia

Hall & Lampros is an Atlanta disability discrimination attorney who understands how facing unfair treatment at work because of a disability can disrupt your life. You may struggle with emotional stress, prejudice, and barriers to your professional growth. Hall & Lampros can be part of the team that helps you regain your confidence and protect your rights.

Hall & Lampros Disability Lawyers: Hall & Lampros, LLP attorneys are disability discrimination lawyers with substantial experience in courts throughout the southeast. We have successfully litigated many cases at the EEOC and in federal courts on behalf of disabled persons with claims under the Americans with Disabilities Act (the ADA) and the Americans with Disabilities Act Amendments Act (the ADAAA). We have prosecuted and won cases asserting claims for disability discrimination, failure to accommodate disabilities, claims alleging “regarded as” disability discrimination, claims alleging discrimination based on having a “record of disability”, and claims alleging associated disability discrimination.

As a dedicated law firm for disability discrimination cases, Hall & Lampros serves all of Atlanta, Georgia. Our office is located at 300 Galleria Pkwy, Suite 300, Atlanta, GA 30339. If you or a family member has experienced disability discrimination due to the negligence or actions of another, contact Hall & Lampros by calling 404-876-8100 to schedule a consultation. Let us assist you in securing the justice and compensation you deserve.

Although this webpage does not address all of the issues in this complex area of the law, some of those issues are addressed here. This website page is not intended as legal advice. We are happy to discuss your case and questions you may have at 404-876-8100.

Hall & Lampros Disability Experience: Hall & Lampros offers the best experienced employment lawyers to handle your disability matter including a former EEOC judge who ruled on disability cases, a former EEOC enforcement attorney who enforced disability cases, and other employment lawyers with substantial experience and success on disability cases.

Results: Hall & Lampros lawyers have recovered millions on behalf of employment disability claimants. Hall & Lampros has handled many ADA cases, including those involving disability relating to cancer, blindness, heart conditions, Neuro Cardio Syncope (“NCS”), surgical broken leg, back injuries, arm amputation, diabetes, vision and migraine problems, knee injuries, autism spectrum disorder, Achilles tendon injuries, foot injuries, and other types of cases.

What Services we provide: Hall & Lampros will provide a free evaluation of the strengths of your disability case. Hall & Lampros works on a contingency basis, meaning that you will not pay attorneys’ fees unless you recover.

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Disability Discrimination Law Firm Serving All Courts in Georgia

Tens of millions of Americans live with disabilities, either physical or mental, which may limit their ability to perform certain tasks, but do not prevent them from being productive and valuable members of our communities and workplaces. Yet, many employers discriminate against employees with disabilities because of bias, ignorance, and stereotypes.

In fact, the U.S. Equal Employment Opportunity Commission (EEOC) reported that in 2021, there were 22,843 charges of disability discrimination in the United States, which represented 37.2% percent of all the charges made. In terms of the number of charges filed, disability discrimination was the most common type of discrimination alleged.

State and federal laws like the Americans with Disabilities Act (ADA) and the Rehabilitation Act prohibit discrimination against employees with disabilities—whether physical or mental. The ADA and the Rehabilitation Act also make it illegal for employers to refuse to provide reasonable accommodations.

Hall & Lampros employment discrimination attorneys have successfully handled many disability discrimination cases, including one in which an employee who was denied leave for mental health treatment was awarded a judgment of over $622,000 after winning at trial. If you believe you have experienced disability discrimination at work, you should consult with experienced employment discrimination attorneys at Hall & Lampros, LLP to understand your rights. You can call or text 404-876-8100 or submit a confidential inquiry and an attorney will contact you right away.

Disability Discrimination Defined

Under the ADA and the Rehabilitation Act, a disability is defined as any one of the following:

  • A physical or mental impairment that substantially limits one or more major life activities;
  • A record or history of such an impairment;
  • Being perceived by the employer as having such an impairment;
  • Being associated with someone else who has an impairment.

Employers are forbidden from discriminating against employees because of their status as a person with a disability. This includes:

  • Discrimination that affects hiring, firing, recruitment, training, job assignments, promotions, benefits, pay, layoffs, leave, and other employment practices;
  • Harassment of an employee on the basis of a disability;
  • The use of questions about employee’s past or current medical conditions during the hiring process;
  • Any requirement that employees take unnecessary medical exams
  • Maintaining a workplace that includes significant physical barriers for employees with physical disabilities;
  • Failure or refusal to offer reasonable accommodations that employees with physical or mental disabilities need to perform their jobs.

If any of these apply to you, do not delay—consult with a dedicated employment discrimination attorney at Hall & Lampros, LLP.

Reasonable Accommodations

If an employee with a disability needs some help or adjustments to their job to be able to perform the “essential functions” of that job, this is referred to as “reasonable accommodation.” Employers are obligated under the law to provide reasonable accommodations to qualified individuals with disabilities.

For example, if an employee needs a leave of absence to receive treatment for cancer or another condition, the employer may be required to grant that leave. Or an employer might be required to allow an employee to sit or stand more frequently, to honor lifting restrictions, or change the employee’s schedule to accommodate a disability. The law says that an accommodation can include:

  • job restructuring;
  • part-time or modified work schedules;
  • reassignment to a vacant position;
  • ordering and using special equipment or devices;
  • adjusting or modifying exams, training, or workplace rules or policies;
  • providing readers or interpreters; or
  • other similar accommodations.

Sometimes, employers refuse to provide reasonable accommodations, arguing that it would be an “undue hardship.” The law does allow employers to avoid certain accommodations in some cases, but the law also envisions that, once an employee requests a reasonable accommodation, the employer should engage in an “interactive process” or dialogue to understand the employee’s request and to propose alternatives if the accommodation requested

The process of requesting and negotiating reasonable accommodations, and pursuing a charge of discrimination or lawsuit if the employer denies one, can be complicated. If you need a reasonable accommodation or you believe your employer is unfairly denying you one, you should consult with an experienced employment discrimination attorney at Hall & Lampros. You can call 404-876-8100 or submit a confidential inquiry and an attorney will respond right away.

Medical Examinations and Inquiries

It is also illegal for a prospective employer to ask you if you are disabled or to ask about the extent of your disabilities in a job interview. A prospective employer can, however, ask you if you are capable of performing the duties required by the job with or without any reasonable accommodations you may need. Additionally, a prospective employer can ask you how you will perform the tasks required for the job. While you can’t be required to take a medical exam prior to being offered a job, an employer can condition a job offer on passing a medical exam if all the following apply:

  • All entering employees in the job category are required to take the medical exam.
  • The exam is relevant to the job in question.
  • The exam is consistent with the employer’s business needs.

Information generated by the medical exam cannot lead to the employer rejecting your employment unless the information shows you will not be able to fulfill a job requirement that is necessary for the employer to conduct business. Ultimately, the employer whose job offer was contingent upon the medical exam cannot refuse to hire you because of your disability if a reasonable accommodation would allow you to perform the essential functions of the job.

After hire, an employer is still prohibited from making medical inquiries or requiring examinations of employees either as to whether they have a disability or the extent of the disability, unless it is job-related and consistent with business necessity. Some examples of permissible inquiries or examinations might fitness-for-duty examinations for law enforcement officers or return-to-duty certifications for certain employees whose health on the job is important for safety.

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Remedies and Damages in Disability Discrimination Cases

What you can recover in your disability discrimination case depends on whether your case is brought under the ADA or the Rehabilitation Act, or both. The ADA applies to private employers with 15 or more employees, as well as counties and cities and some state governments. The Rehabilitation Act applies to employers who receive federal financial assistance.

Under the ADA and the Rehabilitation Act, you can recover:

  • Back pay, or lost wages and benefits, from the two years preceding the date you filed your charge of discrimination to the conclusion of your EEOC case or the verdict or judgment in court;
  • Injunctive relief, including reinstatement or front pay for a reasonable period of time in lieu of reinstatement; and
  • Attorney’s fees and costs of litigation.

Under the ADA only, you can recover:

  • Compensatory damages for pain and suffering, including emotional distress damages; and
  • Punitive damages to punish and deter the employer from ever treating another employee like you were treated.

The amount of compensatory and punitive damages you can recover depends on the number of employees your employer has, and are limited to:

  • $50,000 for employers with between 15 and 100 employees;
  • $100,000 for employers with between 101 and 200 employees;
  • $200,000 for employers with between 201 and 500 employees; and
  • $300,000 for employers with more than 500 employees.

DISABILITY LAW FREQUENTLY ASKED QUESTIONS

What is the best Atlanta law firm to file an Americans with Disabilities Act lawsuit?

Hall & Lampros has the experience and results to be considered the best in Atlanta. Hall & Lampros is the only firm in Atlanta with a former EEOC judge, a former EEOC enforcement attorney, and other employment attorneys with over 75 years of experience.

Hall & Lampros lawyer Peter Massaro is a former judge with the EEOC who for seven years ruled on disability cases. He knows the law; he knows how the EEOC works, and he knows the federal judges who ultimately will hear your case if it is not resolved at the EEOC level.

Hall & Lampros lawyer Adam Mills is a Harvard trained lawyer who was a trial attorney representing the Equal Employment Opportunity Commission (EEOC), who sued employers who violated federal laws preventing discrimination, retaliation, and harassment.

Hall & Lampros lawyer Christopher Hall has over 28 years litigating in Georgia and throughout the United States, including recovering millions on behalf of disability claimants.

Hall & Lampros also has other employment lawyers who add significant additional experience.

What are some of the disability cases Hall & Lampros has handled recently?

Hall &  Lampros lawyers have recently handled disability employment matters relating to cancer, blindness, heart conditions, Neuro Cardio Syncope (“NCS”), surgical broken leg, back injuries, arm amputation, diabetes, vision and migraine conditions, knee injuries, autism spectrum disorder, Achilles tendon injuries, foot injuries, and many other types of cases.

What is the Americans with Disabilities Act (“ADA”)?

The ADA is a federal civil rights law enacted in 1990 that protects persons with disabilities. Hall & Lampros focuses on protecting disabled persons in employment settings, but the ADA also protects disabled persons in other aspects of public life.

How do I know if I am protected under the Americans with Disabilities Act?

An employee is protected under the Americans With Disabilities Act if he, or she has a physical or mental impairment that substantially limits one or more major life activities; he or she has a record of such impairment; or his or her employer regards the employee as having such impairment.

What is a disability under the Americans with Disabilities Act?

A disability under the ADA is “a physical or mental impairment substantially limiting a major life activity.”

Can the need for surgery qualify as a disability?

Yes. If the need for surgery relates to a condition that substantially limits a major life activity, and the need is not minor and transitory, then it probably qualifies as a disability.

At Hall & Lampros, we have successfully represented many employees whose disability was based on surgery after an auto accident or traumatic fall.

If I am injured in a car accident am I protected under the ADA?

You will be protected under the ADA for injuries caused by a car accident if the injury results in a physical or mental impairment that substantially limits and major life activity that is not temporary or transient in nature. An injury caused by a car accident is much more likely to be covered under the ADA if it is a significant injury. Examples include injuries resulting from car accidents more likely to be covered under the ADA are those that require surgery or major medical procedures such as , broken limbs, severe back injuries, injuries, resulting in severe infections or illnesses, injuries, resulting in temporary vision or hearing loss. Examples of injuries resulting from car accidents that are less likely to be covered under the ADA or minor injury, such as sprains and muscle soreness. Injuries that are transitory and minor are not covered under the ADA.

Does my employer have to let me off work for disability under the ADA?

The ADA requires employers to provide reasonable accommodation to disabled employees. A reasonable accommodation includes necessary time off from work to recover from surgery relating to a disability, time off for treatment and recovery relating to a disability, and other similar matters. The test for whether an accommodation is reasonable is a case by case interactive process between the employer and the employee. 

Does my employer have to agree to my requested accommodations under the ADA?

An employer must agree to reasonable accommodation requests required by a qualified disability unless the accommodation imposes an undue hardship on the employer. The test of whether an accommodation is reasonable is on a case by case basis. An employer is required to engage in an interactive process with the employee to determine whether a reasonable accommodation can be reached. It is not enough for an employee to propose an accommodation and the employer to simply reject it. The ADA requires an employer to engage in an interactive process when considering whether an accommodation is reasonable. The interactive process is required so that effective solutions may be reached to accommodate the employee with a disability while not causing undue hardship to the employer. An employer’s failure to participate in the interactive process itself can be a violation of the Act. 

Factors that are to be considered during this process include the disability at issue, the limitations on the employee to perform specific job related tasks, the time period during which the limitations will be present, the essential functions of the job and whether the accommodations can permit the employee to perform the essential functions of the job, and the nature and costs of the proposed accommodations. 

If I request an accommodation under the ADA, what is my employer required to do?

Your employer is required to engage in the interactive process, which is a good faith dialogue with you about the request for the reasonable accommodation. The employer is required to consider the reasonable accommodation and provide the reasonable accommodation unless doing so will cause an undue hardship to the employer. 

What is an undue hardship under the ADA that allows my employer to deny an accommodation request?

An undue hardship exist if the accommodation is too costly, disruptive or fundamentally alters the nature of the business. If the accommodation request requires an undue hardship, the employer must consider alternative accommodations. Your employer is allowed to request reasonable documentation from a healthcare provider to confirm the disability and the need for the specific accommodation. Your employer cannot demand, however, full medical records or irrelevant details. Examples of reasonable accommodations include modifying work schedules, providing assistive technology or equipment reassigning non-essential work tasks, allowing remote work, reassignment to a vacant or available position.

All requests for reasonable accommodation must remain confidential, an employer cannot retaliate against an employer employee for making a request for accommodation.

What is a refusal to accommodate claim?

This is a claim under the ADA where an employer refuses to provide reasonable accommodation to a qualified disabled individual where the reasonable accommodation would enable the qualified individual to perform the essential functions of the job and would not create undue hardship to the employer. Before any employer can refuse to accommodate a request from a qualified disabled employee, the employer must engage in a good faith interactive process to try to find a workable solution so that the disabled person can receive a reasonable accommodation, perform essential job functions, while not imposing undue hardship. 

What is the difference between the ADA and ADAAA?

The ADA is the Americans With Disabilities Act of 1990 and the ADAA is the ADA amendments act of 2008. The ADA was passed in 1990 and prohibits discrimination against qualified persons with disabilities in employment, public services, public accommodations and telecom communications and requires reasonable accommodations of employees with disabilities a key factor relating to the ADA in comparison to the ADAAA is that the ADA when it first went into effect was first interpreted very narrowly with regard to the definition of disability courts, including the United States Supreme Court interpreted the ADA to exclude conditions such as epilepsy, diabetes, cancer, and depression as not being disabilities because the conditions could be mitigate could be mitigated with medication or treatment

The ADAAA was an acted in 2008 and became effective on January 1, 2009 and amended the ADA. The key changes in the active in the ADA was to more broadly defined disability so that mitigating measures such as medication and treatment are ignored, epilepsy, and diabetes, for example, which are treated by medication affect major life activities when they are not treated or when treatment fails and are thus considered disabilities under the amended act. The ADAAA also clarified the definition of major life activities to include things such as walking, seeing hearing speaking, breathing, working, thinking concentrating And major bodily functions such as the immune system digestive endocrine and neurological systems the ADAAA also may clear that episodic and remitting condition conditions qualify as disabilities such as epilepsy, multiple sclerosis, or cancer, even though those conditions may not be constant to the extent that they limit major life activities

What different types of ADA claims are there?

ADA claims can be broken down into six major categories. Each of those categories can have different types of ADA violations. The General broad categories are (1) failure to accommodate (2) ADA discrimination (3) desperate impact (4) retaliation (5) harassment or hostile work environment and (6) medical confidentiality violations.

What is Retaliation under the ADA and are Employers Allowed to Retaliate Against Employees for Requesting ADA Accommodation?

Under the ADA, it is illegal for an employer to retaliate against an individual who opposes an unlawful practice under the ADA. Illegal retaliation occurs when an employer retaliates against an employee for requesting an ADA accommodation, or for reporting disability discrimination. The retaliation can take many different forms, including reduction in hours of work, demotion, termination, less favorable scheduling, refusal to promote, denial of benefits, transfers to other work locations, work related threats, spreading rumors, increased work scrutiny or monitoring. 

For the action of an employer to be considered retaliation, the employer action must be a material adverse action relating to the conditions of employment, which generally means a negative event that could deter a reasonable person from engaging in the protected activity, such as requesting accommodation or reporting discrimination. Retaliation also is illegal if it is done against someone for standing up, speaking out for, supporting disabled persons, or advocating for ADA protections. Another common retaliation is negative performance evaluations or placing someone on a performance improvement plan. For the retaliation protections to apply the protected activity be protected, which means that it must either be “opposition conduct“ or “participatory conduct.” 

Opposition conduct is where an individual opposes an act or practice made unlawful by the ADA. This would be where someone requests a reasonable accommodation under the ADA. Participatory conduct is where an individual makes an ADA charge with the EEOC, testifies or assist or participates in a proceeding relating to a disability discrimination claim or ADA claim, or EEOC investigation or hearing.

What is Failure to promote under the ADA and Can Employers be Liable for Refusing to Promote Disabled Employees?

ADA failure to promote is when a qualified individual who is disabled is denied a promotion because of their disability or because of their employer’s belief that they have a disability. To prove a failure to promote claim under the ADA, the employee generally must show that they are qualified for the position, that they are disabled under the ADA, that they experienced the adverse action of failure to promote, and that the decision of not promoting the employee was in fact based on the disability.

What should I do if I suspect that I am a victim of failure to promote due to disability?

First you should get evidence and information showing that you are qualified to perform the duties of the job at issue. Second, you should try to gather as much information about the person who, in fact, was placed in the job. Third, you should try to gather as much information to determine who the decision-makers were on the promotion so that you can establish that those decision makers in fact new of your disability and of your qualifications. Sometimes an employer will try to assign or attribute the promotion decision to somebody else who didn’t know of the disability so that the employer can claim that the promotion decision had nothing to do with the disability. Witnesses or the victims of discrimination will need to provide the evidence to refute such assertions.

What is a “regarded as” claim under the ADA?

A “regarded as” claim under the ADA is for persons who are not actually disabled under the definition of disability under the Act, but who are “regarded as“ being disabled or having a qualifying impairment under the Act. Under this type of claim the person who is regarded as being disabled is discriminated against based on the disability that they are regarded as having. The act protects such persons from the discrimination, even though they do not technically fit the definition of disability under the act. Usually regarded as claims apply when a person has a condition that is both transitory and minor. By providing “regarded as protection”, the ADA protects against discrimination stemming from myths, fears, or stereotypes about disabilities, even when an individual‘s condition does not limit major life activities. Examples are individuals with severe facial scarring, which did not limit a major life activity, but can result in a job denial because a customer may have discomfort relating to the scarring.

Is prior work performance relevant in an ADA case?

Prior work performance can be relevant in a termination or demotion discrimination case if the employer claims that the decision relating to termination, demotion was made based on prior history before the request for accommodation or before knowledge of the disability. Other times the employer may say that the history of poor work performance was such that the termination/demotion was imposed based on a history of well documented poor performance. It is a complete defense to an ADA discrimination claim that an employer made a decision adverse to a disabled person based on documented or established performance reasons having nothing to do with the disability. This is why your lawyer will want to know your work performance history when evaluating your case and preparing a demand on your behalf.  

What is pretext under the ADA?

Pretext in an ADA case is where an employer tries to explain away discrimination or ADA retaliation with a made up “pretextual reason.” An example would be an employee who has excellent performance reviews and discloses that she has a disability requiring that she be off work for a surgery for 30 days. The employer then terminates the employer for poor performance. The employee would then claim in a lawsuit that the poor performance reason for termination was “pretext.” In such case, the poor performance explanation was a “made up” pretextual reason for the termination as evidenced by the excellent reviews and excellent work history of the employee before the employee disclosed the disability. 

Is Metadata ever important in ADA case?

Metadata is the underlying data showing many things about the history of a document, including when a document and parts of its content was created. Sometimes it is necessary to look at metadata when an employer claims that an adverse employment decision was in fact made. One can look at the metadata in a document to determine if it was created or sent before a disability disclosure or request for accommodation was made. It is a way to ensure that documents are not fabricated after the fact a defense to a discrimination case.

What is the Interplay and Overlap of FMLA and ADA? How do they compare?

The FMLA and the ADA often overlap because persons with claims for discrimination under the FMLA also often have claims for discrimination under the ADA. The FMLA is the Family Medical Leave Act, which is a federal statute codified at 29 U.S. C. § 2601, et seq. Employee medical conditions that sometimes are covered under the FMLA also sometimes are covered as disabilities under the ADA.

Can Pregnancy be a Disability Under the ADA?

Pregnancy itself is not a disability under the ADA. But pregnancy related impairments that substantially limit major life activities may qualify as disabilities under the ADA. An example is a pregnant employee who develops gestational disabilities that significantly impacts the employee’s ability to work.

What is the Interplay and Overlap of the Pregnancy Workers Fairness Act (PWFA) and the ADA?

The ADA and the PWFA can both offer protections for pregnancy related conditions such as gestational diabetes, severe morning sickness, preeclampsia, and carpal tunnel syndrome.

Is Pregnancy a Disability Under the ADA?

No. Pregnancy itself is not a disability under the ADA. But pregnancy related impairments that substantially limit major life activities may qualify as disabilities under the ADA. An example is a pregnant employee who develops gestational disabilities that significantly impacts the employee’s ability to work.

What is the purpose of the FMLA versus the ADA?

The purpose of the FMLA is to provide job protection, unpaid leave, and protection from discrimination to employees who have family and medical issues such as illness, caring for family members, independence, childbirth, and adoption. The ADA, in contrast, prohibits discrimination against persons with qualified disabilities. The overlap between the FMLA and the ADA is that many of the illnesses and medical issues covered by the FMLA also qualify as a disabilities under the ADA.

What is the difference in who is covered under the FMLA and the ADA?

The ADA covers many more employees than the FMLA. The ADA applies to all employers with 15 or more employees, and it protects all individuals who work for such employers. The FMLA by contrast is limited to applying only to employees who work for employers with 50 or more employees within 75 miles or are public agencies. While the ADA has no requirement as to the length of employment, the FMLA only applies to employees who have worked for an employer for 12 months and who have worked at least 1250 hours in the previous 12 months.

What differences are there between the ADA and FMLA relating to leave and time off from work?

The FMLA grants unpaid leave for up to 12 weeks and protects covered employees from having their job taking taken away or diminished during that period. The ADA does not require that leave be granted to qualified Individuals unless such leave is a reasonable accommodation, but the ADA also has no 12 week limitation on the amount of leave that must be granted. 

What differences are there in job protections between the FMLA and the ADA?

The FMLA grants job protection for the 12 weeks and guarantees that the job will be restored upon return or that an equivalent position will be made at the end of the leave with only certain exceptions. The ADA does not expressly provide such specific job protection. However, a disabled individual is protected from discrimination which in some cases can lead to job protections on a case by case basis.

Does the EEOC Cover the ADA and FMLA?

A major difference between the ADA and FMLA is that the EEOC does not have jurisdiction over and does not investigate claims under the FMLA. Unlike the ADA, here is no requirement to submit a charge to the EEOC for an FMLA claim, and there is no need to secure a “right to sue” to bring an FMLA claim in federal court.

Can you have both an FMLA and an ADA claim?

Yes. Employees sometimes have a medical condition that is protected under the FMLA and that is a qualified disability under the ADA. For example, the overlap can occur when retaliation occurs for taking leave for medical treatment for a condition that qualifies as a disability under the ADA. In such case, retaliation for taking the medical leave creates a claim under both the FMLA relating to the needed medical leave, and the ADA relating to the need for accommodation for treatment relating to the disability.

An employer will be subject to both the FMLA and ADA if it meets the jurisdictional requirements of both statutes. Coverage under the ADA is broader than that under the FMLA.

What damages are allowed under the ADA?

An employee that proves disability discrimination can recover compensatory damages, punitive damages, injunctive, relief, and attorney’s fees and costs under the ADA. Compensatory damages includes backpay, which is lost wages and benefits from the date of the discrimination to the time of judgment (the court order that the employer violated the ADA and is liable for damages). Compensatory damages also includes front pay, which are future wages if reinstatement with the employer as a remedy is not possible. Compensatory damages also includes out-of-pocket costs such as medical expenses, job search costs, and other expenses. 

Compensatory damages also includes emotional distress and pain and suffering for things such as humiliation anxiety and mental anguish.

Punitive damages also can be awarded to punish the employer if the employer acted with malice or reckless indifference to the employee’s rights under the ADA. Punitive damages cannot be awarded against government agencies. An employee also can be awarded injunctive relief, which is an order to stop the discriminatory practice, or to provide reasonable accommodations, or to reinstate the employee to his or her previous position, or to revise discriminatory policies. The ADA also provides recovery of reasonable attorneys’ fees and costs that were necessary to enforce employee rights, including litigation costs.

What are Caps under ADA?

The ADA caps the amount of Compensatory and Punitive damages that can be awarded under the Act, depending on the size of the employer. The ADA caps are:

Employer SizeDamage Cap
15–100 employees$50,000
101–200 employees$100,000
201–500 employees$200,000
501 +employees$300,00

The ADA caps do not apply to back pay, front pay, or attorneys’ fees and costs.

What are important factors when evaluating an ADA failure to accommodate claim?

A lawyer evaluating your claims should ask you about the following:

  1. Your disability and medical condition: what is your disability, diagnosis, and impairment? How does the disability substantially limit major life activities? Is the disability permanent and what is the prognosis? How long have you had your disability? Do you have medical documentation for the disability? What treatments are you receiving? 
  2. Employment and background: What is your general employment background and what is the history of your current employment? Does the FMLA apply to your case (have you worked for more than 1 year and for more than 1250 hours in the past year)? What are the essential functions of your job? Do you have a written job description and what is it? What is your work performance history, and have you had any recent work performance issues?
  3. Request for Accommodation: when did you inform your employer of the disability? When did you request accommodation? What did you request and to whom did you make the request, and how did you make the request? Was any request made in writing? What did the employer ask you to provide relating to the accommodation request? How did your employer respond? Did your employer agree to your accommodation request? How did your employer engage in an interactive process?
  4. Adverse employment actions: Did your employer take any adverse action in response to your request for accommodation? Were you fined, demoted, harassed, disciplined, placed under increased scrutiny, mocked, put on a PIP, encouraged to quit, terminated, or otherwise retaliated against? What witnesses do you have to the adverse actions? What evidence is there of the adverse action? What other similarly situated non-disabled persons are good comparators? 
  5. Damages: What damages (monetary, physically, and emotionally) have you suffered as a result of the discrimination?
  6. Putting together a timeline with key events, witnesses and bad actors: evaluating a case and preparing a demand for compensation requires that the lawyer work with you to prepare a detailed timeline so that a story can be presented not just of the discrimination – but about your life, your story, your disability, how the disability affects your life, and how the employers mistreatment fits into that story, and makes your life harder, and creates physical and mental suffering. To put that story together, your lawyer will need to spend a lot of time with you asking you a lot of questions and speaking with you a lot about your disability and how the employer’s actions and the atmosphere you endured affected you.

What information should an employee provide to an employer under ADA?

When requesting an ADA accommodation, there are no special or magic words that an employee must use. The employee is not required to specify that they are requesting relief or asking for a reasonable accommodation or that they are seeking relief under “the ADA”. 

Employees though must generally ask for three things: 

Number 1: The employee needs to provide notice to the employer that there is a medical condition, impairment, or disability that is creating a difficulty at work. They don’t need to share a specific medical diagnosis, but they need to make it clear that there is an issue at work that is linked to a medical or physical condition. 

Number 2: The employee must make clear that there is a connection with the disability, the medical condition, impairment or disability, and a limitation at work. So, the employee needs to explain how this condition affects or interferes with the employee’s ability to perform essential job functions or the ability to access workplace benefits. An example of a connection between a disability and a work limitation would be if someone’s job duty requires that they sit for extended periods, and the employee has a back condition where they need to sometimes stand. In such case, the employee would explain to the employer that with the back condition it is very difficult to sit stationery for extended periods of time without being able to take a break to stand up and walk around for a brief moment. 

Number 3: An employee needs to give notice to the employer that they are going to need some type of help or accommodation. That there needs to be some type of adjustment to their job to help them perform their essential job functions with their medical condition or disability. It doesn’t have to be a very detailed or specific or exact accommodation. It just needs to be a general explanation. For example, if an employee has a back disability requiring the ability to stand, the employee should say that he or she needs to be able to stand up sometimes and walk around quickly to take a little bit of pressure off their lower back from sitting stationery too long. 

To recap, the three issues are: One, you must give notice of a disability related need. Two, you must connect the disability with work. Three, you must request an accommodation or some kind of help that will help you perform your job despite your disability or medical condition. 

What information is your employer allowed to ask you for when you request an ADA accommodation?

If the disability need for accommodation is not obvious, the employer may request reasonable documentation that (1) confirms the employee has a disability; (2) explains the need for accommodation; and (3) explains the functional limitations,

You can satisfy the documentation requests usually through your healthcare provider who can document the existence of the disability or impairment as well as the need for accommodation and the description of the functional limitations. 

Can your employer ask for you all of your medical records under ADA?

No, your employer cannot ask for complete medical records because such a request is too broad and is also invasive and includes unnecessary and irrelevant records. Your employer cannot ask for medical records that are unrelated to your disability or medical condition. Your employer also cannot ask for excessively detailed medical data or information relating to your disability that goes beyond the need to determine the existence of the disability or medical need and the need for accommodations. Your employer also cannot require you to go to a doctor of the employer’s choosing.

Can your employer talk to your doctor if you make a claim under the ADA?

No, your employer cannot speak with your doctor. Unless you provide consent, your employer only can request that you provide documentation from your healthcare provider. The documents sufficiently explain that you have a disability under the ADA and document your need for accommodation, including your functional limitations. Only with the employee’s consent may your employer ask your doctor for clarification about issues contained in the medical documentation, but generally such clarification requests are made by the employee and not the employer. Sometimes the employer may ask the employee for a medical release that permits the employer to speak directly to the employee‘s doctor. The employee is not required to sign such a release. 

What is an adverse employment action and why is that important?

An adverse action is sometimes called an adverse employment action as an important concept in employment law. An adverse action is an action taken by an employer that negatively affects the employee’s job compensation or work conditions in a way that would likely deter a reasonable person from engaging in a protected activity like filing an employment complaint, requesting an ADA accommodation, or reporting discrimination. Common examples of adverse actions include termination, demotion, pay cuts, negative reviews, failure to hire, reduction in hours, unfavorable scheduling, transfers to less desirable positions, exclusion from training, micromanaging.

The reason adverse action is important is that sometimes you will not have an actionable employment claim until an adverse action occurs. For example, if you report a discrimination and the person that you reported to acts very negatively to you and criticizes you for making the report, an issue may be whether such criticism and negativity would create a claim under the ADA for reporting the discrimination. Is such criticism and negativity an adverse action? The test is whether the action would likely deter a reasonable person from engaging in the protected activity. 

What is at-will employment and why is that important to ADA termination claims?

At will employment is an important concept to understand when evaluating ADA termination claims because employers often claim as a defense that they had a legitimate non-discriminatory reason for terminating the employee. Most employees in Georgia are considered “at will,” meaning that they are employed at the will of the employer. Under an at will employment scheme, an employer can terminate an employee literally for any reason or no reason at all — so long as the termination is not for a an impermissible reason such as termination based on race, religion, sex, gender, sexual preference, age, ethnicity, national origin, disability, sometimes medical needs, and other limited circumstances such as protections involving family members, retaliation protections for asserting statutory rights, and whistleblower protections.

It’s important when evaluating an ADA claim to look at whether there are other non-discriminatory reasons that the employer may have had to terminate the ADA claimant. For example, if the ADA claimant did not get along with the employer (if the supervisor just didn’t like the employee unrelated to the disability) that is a valid nondiscriminatory reason for an employer to terminate somebody under an at-will scheme. If the employer is laying off other employees in a reduction in force, that may be a non-discriminatory reason to terminate a disabled person (but Hall & Lampros have had multiple cases alleging employees were included in reduction in force lists because they were disabled in violation of the ADA. 

How do I know whether I am an at-will employee?

The default rule in Georgia is that you are an at will employee pursuant to O.C.G.A. § 34-7-1 unless:

  • You have an employment contract for a definite time period; or
  • The contract says you can be terminated only for cause; or 
  • The contract requires progressive disciplinary proceedings leading up to termination that limit the employer’s discretion.

If none of those factors apply, you are an at will employee under Georgia law.

Is the ADA a federal law and are the state law protections?

The ADA is a federal law. Some states have statutes that prohibit disability discrimination and have similar protections as the ADA. George does not have disability protections by statute or otherwise. The only legal prohibitions against disability discrimination in the state of Georgia is found in the ADA.

Does Georgia law offer any protections to disabled employees?

No. Georgia law has not protections to employees based on their status as disabled persons. The only protections are offered by the ADA, which is federal law.

How are ADA claims affected by Reduction in Force terminations?

Sometimes corporations will institute reductions in force whereby a group of persons are chosen for termination as part of a general reduction in the labor force. Usually, a reduction and force is done to lower costs by the employer. Sometimes employers will use discriminatory criteria for choosing persons to include in the reduction enforce. Hall & Lampros lawyers have successfully litigated claims on behalf of disabled persons who claimed that they were included in reduction in force layoffs based on their disabled status.

A disability claim involving a reduction in force can be difficult because reduction  in force selection criteria is carefully monitored in an attempt to avoid discrimination claims. For this reason, sophisticated employers often use generalized criteria designed to make it difficult to prove that an employee was unfairly selected. Reduction in force cases therefore require a lawyer who is aggressive with discovery relating to all aspects of the reduction of force planning, as well as all criteria for reduction in force selection. 

Is Drug Addiction Covered under the ADA?

Drug addiction can be covered under the ADA when it qualifies as a disability, which means that it substantially limits one or more major life activities. Current active drug addiction is not protected as a disability under the ADA. Recovery and treatment for drug addiction are protected under the ADA if the employee is no longer using the drug or drugs and is in recovery. Reasonable accommodations for persons seeking treatment for drug addiction include providing time off for treatment, providing a modified schedule to attend counseling. The ADA also prohibits discriminating against somebody because they had a past addiction. 

Is Leukemia covered by the ADA? Is cancer covered by the ADA?

Leukemia and other types of Cancer: in the case Hoffman v. CareFirst of Fort Wayne Inc., 1:09-CV-251 (N.D. Ind. 2010), the federal district court held that cancer can qualify as a disability under the ADA even when it is in remission. If the cancer that is in remission would substantially limit a major life activity when active, then it qualifies as a disability under the Act. The test is whether the leukemia, when active, substantially limits a major life activity. See also Fredricksen v. United Parcel Serv., Co., 581 F.3d 516, 518 (7th Cir. 2009).

What are examples of disabilities covered under ADA?

  • Broken leg
  • Diabetes
  • Sprained ankle
  • Sickle Cell
  • Depression
  • PTSD
  • ADHD
  • Epilepsy
  • HIV
  • Multiple Sclerosis
  • Heart Disease
  • Kidney Disease
  • Cerebral Palsy
  • Muscular Dystrophy
  • Spina Bifida
  • Amputations
  • Major Depressive Disorder
  • Bipolar Disorder
  • Anxiety Disorder
  • Panic Disorder
  • OCD
  • Schizophrenia
  • Autism Spectrum Disorder
  • ADHD
  • Intellectual Disabilities
  • Traumatic Brain Injury (TBI)
  • Epilepsy
  • Lupus
  • Crohn’s disease
  • Migraines

How do I know my employer is covered by the ADA? What is the test (number of employees)?

Your employer is covered by the ADA if it is a private employer with 15 or more employees. 

How is the 15 or more employees test applied under the ADA?

The 15 or more employee test is applied to include full time and part-time and temporary workers. If your employer has less than 15 part-time and full-time workers then your employer generally is not covered by the ADA. All state and local government employers are covered by the ADA regardless of their size. Federal employees are not covered by the ADA. They are instead covered by the rehabilitation act of 1973, which is very similar to the ADA.

The 15 employee test is a little complicated for employers that have a range of employees that sometimes have more than 15 employees and sometimes have less than 15 employees. The test to apply is that if your employer had 15 full-time or part-time employees for at least 20 weeks in the year of discrimination or the prior year of discrimination, then the employer is probably covered by the ADA for the full year of the discrimination. This is true even if the employer drops to below 15 employees during that year of discrimination. But in a different scenario, if an employer has 15 employees for only three months — which is about 12 to 13 weeks during a year and the previous year and for all the other time has less than 15 employees then the employer is probably not covered by the ADA.

Can I get accommodation and protections under the ADA for disabilities of my family members relating to their care needs?

No, the ADA only requires employers to provide accommodations to individuals with qualified disabilities and does not provide protections for individuals with family members who are dependent with disabilities.

The FMLA, by contrast, offers protections relating to medical leave for family members who need assistance relating to disabilities and medical conditions. FMLA coverage is limited, however, to employers with 50 or more employees within 75 miles and employees who have worked for the employer for 12 months and 1250 hours within those 12 months. 

What is a reasonable time that the ADA allows me to be out for an accommodation?

The ADA does not set a specific time or number of days that is considered reasonable to be off from work. Courts look on a case by case basis as to what is reasonable. Short term leave of days to weeks and sometimes months is often considered reasonable. Courts will look at leave granted to other employees and the burden to the employer for leaving a position open for an employee to return. The hardship to the employer, such as the cost associated with leaving the job position open, the need to hire a substitute, and the disruption to operations are all factors when considering the reasonableness of the length of leave. An employer is not required to provide unlimited leave of an indefinite duration. While the FMLA grants leave up to 12 weeks. The ADA leave is not capped, but it still must be reasonable and not impose an undue hardship on the employer. 

How do I make a claim under ADA?

If you are going to pursue a claim for ADA, you must first file a charge with the EEOC within 180 days of the discrimination. This time period may be extended to 300 days if a state or local law or regulation prohibits disability discrimination on the same basis. Georgia has no such local law or regulation, so in Georgia the charge always must be filed within 180 days. A lawyer can help you submit a charge, or you can do it yourself. It is important to note that an EEOC “inquiry” is not a charge, does not satisfy the filing requirements for a charge, and does not extend the deadline to file a charge.

An EEOC charge is a form of complaint that describes the discrimination that you suffered. You can google EEOC charge to find a lot of information on the process. Instructions for making a charge are at https://www.eeoc.gov/filing-charge-discrimination.  If you make a charge, the EEOC should appoint an investigator to look into your claims.  Your former employer will have the opportunity to file a position statement, and they may ask you to mediate or offer you a settlement.  You must file an EEOC charge within 180 days of the discriminatory conduct.  Failure to file within 180 days most likely will result in any claim you have being barred.

Why am I required to file a charge with EEOC?

The EEOC has initial jurisdiction over all ADA claims. Under federal law, filing an EEOC charge is an administrative remedy and a prerequisite to filing a lawsuit. Federal law requires that you exhaust administrative remedies and secure a right to sue from the EEOC before filing suite in Court.

What does the EEOC do?

The EEOC administers employment discrimination regulations, investigates claims, educates relating to discrimination regulations and statutes, sometimes assists in resolving claims, and sometimes enforces the ADA and other discrimination laws.

What are deadlines to make a claim under the ADA?

An employee must make a claim under the ADA by first filing a charge of discrimination with the EEOC before he or she can file a lawsuit. The charge must be filed with the EEOC within 180 days of the date of the alleged discrimination, such as the date of firing, or the date of the denial of the accommodation or the date of the harassment. The time period is extended to 300 days for states that have an employment practices agency that enforces disability discrimination laws. George is not one of those states so in Georgia there is a 180 day deadline. After the EEOC investigates the ADA claims, the EEOC usually will issue a right to sue letter which will permit the employee to file a lawsuit to enforce the claims under the ADA.

Are there any exceptions to the 180 day deadline to file with the EEOC?

There are very narrow exceptions to the 180 day deadline to file a charge for ADA discrimination before the EEOC. There is a continuing violation doctrine that can apply to hostile work environment and harassment claims where there is a hostile work environment and harassment that is severe and pervasive, and that it is part of a pattern and practice where the harassment occurs outside the 180 day window and continues to within 180 day window. In such cases, courts have considered the pattern and practice misconduct going back before the 180 days so long as there was harassment and misconduct that did occur within the 180 day window. The Supreme Court held, however, in National Railroad Passenger Corp. v. Morgan, in 2002 that the continuing pattern or practice argument does not apply to discrete act such as termination, demotion, failure to promote, or failure to hire. In such cases, courts consider each discriminatory act as a separate event and do not consider them continuing violations. In such case, each event starts a new 180 days, and an employee cannot go outside the 180 day window using a continuing violation doctrine. 

There also is an equitable tolling and estoppel doctrine that is very rarely applied by the courts.  These doctrines are only applied if the employee was actively misled by the employer or the EEOC about his or her rights, or if they were prevented in some extraordinary way from asserting their rights due to serious illness or incapacity, or if an employer actively concealed the discrimination. 

Do I need a lawyer to file a charge under the ADA?

No. You do not need a lawyer to file a charge with the EEOC. A lawyer can help you file a charge, or you can do it yourself. An EEOC charge is a form of complaint that describes the discrimination that you suffered. You can google EEOC charge to find a lot of information on the process. Instructions for making a charge are at https://www.eeoc.gov/filing-charge-discrimination. If you make a charge, the EEOC should appoint an investigator to look into your claims. After you file a charge your former employer will have the opportunity to file a position statement, and they may ask you to mediate or offer you a settlement.  You must file an EEOC charge within 180 days of the discriminatory conduct.  Failure to file within 180 days may result in any claim you have being barred.

It is important that you make a charge and not an inquiry to meet the statutory 180 deadline and preserve your rights under the ADA.

What is the difference between an EEOC charge and an EEOC inquiry?

An EEOC inquiry is not the start of a legal case and does not meet the requirements to preserve an ADA claim of filing a charge within 180 days of the discriminatory conduct. EEOC inquiry is an initial contact that you may make with the EEOC if you believe that you have been discriminated against. It is informal and you can provide basic information to the EEOC on the EEOC‘s online portal or by phone or in person. The EEOC will then use that information to screen your claim and determine whether they have jurisdiction and whether you are within the deadline to file a charge, and whether your claims appears to be discrimination. An inquiry is not the start of the legal case. After the inquiry, you can request that the EEOC perform an intake interview, where the staff can discuss your information in more detail.

To meet the 180 day statutory deadline to preserve your rights under the ADA, you must file an EEOC charge, which is a formal sworn statement alleging discrimination. 

What happens when I file a charge?

The EEOC charge will officially start an EEOC investigation process. The charge preserves your legal rights under the ADA while the EEOC conducts an investigation. Once it’s filed the EEOC will notify your employer. At that point, the agency generally assigns an investigator and offer the parties an opportunity to participate in a mediation in an attempt to settle the matter. If the parties do not agree to mediate or are not successful during a mediation, the EEOC will conduct an investigation into the charge allegations. The agency eventually will issue a determination, which usually will include a right to sue letter. You cannot file an ADA lawsuit in court without first filing a charge receiving a right to sue letter from the EEOC.

Is an EEOC charge public?

No, an EEOC charge is not a public document and information that a charge has been filed is not available to members of the public such as reporters, coworkers or other employers. The EEOC does not publish the names of parties who file charges. A future prospective employer cannot find that you have filed an EEOC charge on a background check. When you file a charge against an employer, the charge is shared with the employer so that it may respond, but it is not shared publicly or searchable by the general public. An EEOC charge also does not show up on background checks so there is no way a future employer would know that you filed the charge. The EEOC keeps all charge information confidential. 

Will my employer find out when I file a charge?

The employer against whom you file a charge will find out when you file a charge. A current employer (if you file a charge against a former employer) will not receive notice of you filing a charge because the charge remains confidential and is not public. 

Can my employer retaliate against me for filing a charge?

It is illegal for your employer to retaliate against you for filing a charge. You will have claims for damages if your employer retaliates against you.

How does EEOC Mediation Work?

When a charge of discrimination is filed, the EEOC will appoint an investigator who usually will reach out to the charging party and the charging party’s employer (called the respondent) to see if they would like to participate in an EEOC assisted mediation. The mediation is conducted by an EEOC mediator without any charge or cost to the parties. The mediation can be “in person” or by video (usually zoom or Microsoft Teams). During the mediation, the EEOC mediator will act as a nonpartial neutral participant or “go-between” to try to facilitate a settlement. Often, the parties are able to resolve the claim in a confidential, more speedy process than going through an EEOC investigation and possible federal litigation. The mediation is confidential and nothing in the mediation can be used outside the mediation or communicated to any judge or jury or anyone else outside the mediation. 

Does the ADA protect federal employees?

Yes. The ADA protects federal employees through the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. (“Rehab Act”). This Rehab Act imposes the anti-discrimination in employment provisions of the ADA on the federal government.

An Experienced Atlanta Employment Discrimination Attorney Is on Your Side

If you believe you have been discriminated against in the workplace on the basis of a disability, the experienced employment law attorneys at Hall & Lampros are standing by to help. Your case is important, so please do not wait to call or text us at 404-876-8100 or submit a confidential inquiry and an attorney will contact you right away.