Avoiding employment litigation based on an ADA violation claim

On Behalf of Dunlap Fiore, LLC |

Although it can be immensely rewarding to own a business that provides jobs for many people, there is always the possibility that, no matter how good the relationship between employers and employees is, employment litigation could pop up for any given reason. Smart employers take steps to protect themselves from lawsuits, like learning how to avoid an employment law claim of an ADA violation.

The ADA, short for the “Americans with Disabilities Act,” protects disabled people from discrimination in the workplace. Employers who commit violations of the ADA can be found liable in court and held responsible for financial claims.

Employers who learn more about the ADA may be able to institute changes or practices that protect them from future lawsuits based on ADA violations. For instance, employers should know that they are not able to make hiring or firing decisions based on a person’s disability: if a disabled person interviews for a job, the employers cannot make the hiring decision based on the disability. Or, when employers do have employees who are disabled, the employer is required by law to make “reasonable accommodations” for that person.

However, employers should know that not every claim of violation under the ADA is valid. For the most part, employers in Louisiana do their best to comply with this law. But, when a claim under the ADA is filed, employers need to get the right information about how to defend against that lawsuit. Doing so can make the difference when it comes to the potential of having to pay out financial compensation.

Source: FindLaw, “The Americans with Disabilities Act – Overview,” Accessed May 7, 2017