ADA Compliance Attorney – Protecting Your Disability Rights in the Workplace

Facing discrimination due to a disability?

Get experienced legal representation to enforce your ADA rights and secure reasonable accommodations.

ADA Compliance

The Americans with Disabilities Act (ADA) guarantees your right to equal employment opportunities regardless of disability.

If your employer has discriminated against you, failed to provide reasonable accommodations, or violated your ADA rights, you may have a valid legal claim. Phil Flemming has extensive experience representing employees with disabilities, helping them secure accommodations, recover compensation, and hold employers accountable for ADA violations.

Disability is not inability. When employers fail to recognize your rights and capabilities, we’re here to fight for the equality you deserve.

Understanding the Americans with Disabilities Act (ADA)

The ADA is a comprehensive federal civil rights law that prohibits discrimination based on disability in employment, public accommodations, and other areas.

ADA Coverage in Employment

Title I of the ADA covers:

  • Private employers with 15 or more employees
  • State and local government employers (regardless of size)
  • Employment agencies and labor unions
  • All aspects of employment including hiring, firing, promotions, and benefits

Who is Protected Under the ADA?

The ADA protects individuals who:

  • Have a physical or mental impairment that substantially limits one or more major life activities
  • Have a record of such impairment (history of disability)
  • Are regarded as having such impairment (perceived as disabled)

Major Life Activities Include:

  • Physical functions: Walking, seeing, hearing, speaking, breathing, learning
  • Mental functions: Thinking, concentrating, communicating, remembering
  • Major bodily functions: Immune system, digestive, cardiovascular, neurological functions

Common ADA Violations in the Workplace

Failure to Provide Reasonable Accommodations

  • Refusing to modify work schedules for medical appointments
  • Denying assistive technology or adaptive equipment
  • Failing to provide accessible workspaces or parking
  • Refusing job restructuring or task reassignment
  • Denying leave for medical treatment beyond FMLA
  • Failing to modify policies that disadvantage disabled employees

Disability Discrimination

  • Refusing to hire qualified candidates due to disability
  • Terminating employees because of disability or accommodation needs
  • Denying promotions based on disability stereotypes
  • Harassment or hostile environment due to disability
  • Unequal pay or benefits for employees with disabilities
  • Exclusion from training opportunities or company events

Interactive Process Violations

  • Refusing to engage in the accommodation process
  • Failing to explore accommodation options in good faith
  • Unilateral decisions about accommodations without employee input
  • Unreasonable delays in providing accommodations
  • Demanding excessive medical documentation

Retaliation for ADA Rights

  • Punishment for requesting accommodations
  • Adverse actions for filing ADA complaints
  • Hostile treatment for asserting disability rights
  • Termination for participating in ADA investigations

Types of Reasonable Accommodations

Physical Accommodations

  • Accessible workstations and ergonomic equipment
  • Modified facilities including ramps, elevators, accessible restrooms
  • Assistive technology such as screen readers, voice recognition software
  • Parking accommodations closer to building entrances
    Workspace modifications for wheelchair accessibility

Schedule and Policy Accommodations

  • Flexible work schedules for medical appointments
  • Modified break schedules for medication or treatment
  • Telecommuting options when feasible
  • Modified attendance policies for disability-related absences
    Job sharing arrangements when appropriate

Communication Accommodations

  • Sign language interpreters for deaf employees
  • Written instructions for employees with hearing impairments
  • Large print materials for visually impaired employees
  • Audio recordings of meetings or training materials
  • Modified communication methods based on individual needs

Job Duty Accommodations

  • Task reassignment of non-essential functions
  • Modified job descriptions to focus on essential functions
  • Additional training time for employees with learning disabilities
  • Supervisory modifications for employees with cognitive impairments
  • Equipment or tool modifications for physical limitations

What Damages Can You Recover?

Victims of ADA violations may be entitled to:

Economic Damages

  • Back Pay Lost wages due to discrimination or accommodation denial
  • Front Pay Future lost earnings and career advancement
  • Lost Benefits Health insurance, retirement contributions, bonuses
  • Accommodation Costs Expenses for obtaining necessary accommodations
  • Medical Expenses Treatment costs related to discrimination stress

Non-Economic Damages

  • Emotional Distress Pain, suffering, anxiety, and humiliation
  • Mental Anguish Psychological impact of discriminatory treatment
  • Loss of Dignity Damage to self-worth and professional confidence
  • Punitive Damages Additional compensation for willful discrimination

Equitable Relief

  • Reasonable Accommodations Court-ordered provision of necessary accommodations
  • Reinstatement Getting your job back if wrongfully terminated
  • Policy Changes Requiring improved ADA compliance measures
  • Training Requirements Mandating disability awareness training

Additional Remedies

  • Attorney’s Fees and Costs Recoverable in successful ADA cases
  • Injunctive Relief Court orders preventing future discrimination
  • Promotion or Hiring Obtaining positions wrongfully denied

The Interactive Process

Employee Responsibilities

  • Request accommodations when needed (can be informal)
  • Provide medical documentation supporting accommodation need
  • Participate in good faith in exploring accommodation options
  • Suggest specific accommodations that would be effective

Employer Obligations

  • Engage in interactive process once aware of accommodation need
  • Explore all reasonable options in good faith
  • Provide effective accommodations that enable job performance
  • Consider employee’s preferences when multiple options exist
  • Document the process and decisions made

When Accommodations Are Not Required

  • Undue hardship Significant difficulty or expense relative to employer size
  • Direct threat Accommodation would pose significant safety risk
  • Not qualified Employee cannot perform essential job functions even with accommodation
  • Fundamental alteration Accommodation would change the nature of the business

How We Handle ADA Cases

Comprehensive Disability Assessment

We work with medical professionals to document your disability and accommodation needs thoroughly.

Accommodation Analysis

We evaluate whether your employer properly engaged in the interactive process and provided reasonable accommodations.

Evidence Gathering

We obtain employment records, accommodation requests, medical documentation, and witness statements to build your case.

Expert Testimony

We work with vocational rehabilitation experts, medical professionals, and accommodation specialists to support your claims.

Why Choose Phil Flemming for Your ADA Case?

Specialized Knowledge

Deep understanding of ADA requirements, accommodation standards, and evolving disability rights law.

Compassionate Representation

We understand the challenges faced by employees with disabilities and provide sensitive, respectful advocacy.

Proven Experience

Successfully represented numerous employees in ADA cases, securing accommodations and significant compensation.

Comprehensive Approach

We address all aspects of disability discrimination, from accommodation failures to retaliation claims.

Filling

Filing ADA Claims

EEOC Process

  • File EEOC charge within 180-300 days of discrimination
  • EEOC investigation and potential mediation
  • Right to sue letter allows federal court lawsuit
  • Federal lawsuit must be filed within 90 days

State Agency Options

  • State civil rights agencies may provide additional remedies
  • Dual filing with EEOC and state agencies often possible
  • Extended deadlines may apply under state law

Direct Federal Court Filing

  • Section 1983 claims for government employers
  • Rehabilitation Act claims for federal contractors
  • State law claims in state court

Frequently Asked Questions

You’re only required to disclose your disability if you need accommodations. The disclosure can be informal and doesn’t require specific medical details.

Employers must provide accommodations unless they cause “undue hardship.” Many accommodations cost little or nothing, and tax credits may be available.

You cannot be fired because of your disability if you can perform the essential functions of your job with or without reasonable accommodations.

Employers must engage in the interactive process to explore alternatives. Outright denial without discussion may violate the ADA.

Take Action Today

Your disability doesn’t define your capabilities—but your rights define your protections.

Don’t let employers limit your potential or deny you equal opportunities because of disability. The ADA provides powerful protections, and enforcing these rights benefits not only you but all employees with disabilities.

Give Us a Call – No Obligation

  • Assessment of potential ADA violations
  • Review of accommodation requests and responses
  • Explanation of your rights under federal and state law
  • Strategy for obtaining necessary accommodations
Call: 480-261-1092
Consultation

Ready to Enforce Your ADA Rights?

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Office Hours:

Monday – Friday: 9:00 AM – 5:00 PM
Saturday: By Appointment
Sunday: Closed

Emergency Contact

For urgent matters, call our main number and follow the prompts for after-hours assistance.

Your abilities matter more than your disabilities. When employers fail to see your potential, we fight to open their eyes and protect your rights. Contact The Flemming Law Firm today.

This page provides general information about ADA compliance and disability rights law and should not be considered legal advice. Every case is unique and requires individual evaluation. Contact our office for a confidential consultation about your specific situation.