Question 1

What disabilities are protected under the ADA?

Accepted Answer

The ADA protects individuals with a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or who are regarded as having such an impairment. After the ADA Amendments Act of 2008, the definition of disability is interpreted broadly. Protected conditions include cancer, diabetes, HIV/AIDS, depression, anxiety, PTSD, back injuries, hearing and vision impairments, epilepsy, and many other conditions. Temporary conditions may also qualify if they are sufficiently severe.

Question 2

What is a reasonable accommodation?

Accepted Answer

A reasonable accommodation is any modification or adjustment to a job, work environment, or the way things are usually done that enables a qualified person with a disability to enjoy equal employment opportunities. Examples include modified work schedules, remote work, reassignment to a vacant position, modified equipment, leave of absence, and changes to workplace policies. An accommodation is not required if it would impose an undue hardship on the employer.

Question 3

What is the interactive process?

Accepted Answer

When an employee requests an accommodation or the employer becomes aware of a potential need for one, both parties are required to engage in an "interactive process" — a good-faith dialogue to identify the employee's limitations and explore possible accommodations. Employers who refuse to engage in the interactive process, ignore accommodation requests, or unilaterally deny accommodations without exploring alternatives may be liable for ADA violations even if no accommodation ultimately would have been required.

Question 4

Can I be fired because of my disability?

Accepted Answer

No. The ADA prohibits employers from firing, demoting, or otherwise discriminating against a qualified individual because of a disability. A "qualified individual" is someone who can perform the essential functions of the job with or without a reasonable accommodation. If you were terminated after disclosing a disability, requesting an accommodation, or taking medical leave related to a disability, you may have an ADA claim.

Question 5

What is the Utah Antidiscrimination Act?

Accepted Answer

The Utah Antidiscrimination Act (UADA) prohibits employment discrimination based on disability by employers with 15 or more employees. The UADA mirrors many of the ADA's protections and is enforced by the Utah Antidiscrimination and Labor Division (UALD). Employees can file charges with either the EEOC or the UALD, and the agencies have a work-sharing agreement to coordinate investigations.

Question 6

Do I need to file with the EEOC before suing my employer?

Accepted Answer

Yes. Before filing an ADA lawsuit in federal court, you must first file a charge of discrimination with the EEOC (or the Utah Antidiscrimination and Labor Division). You generally have 300 days from the discriminatory act to file a charge. After the EEOC investigates and issues a "right to sue" letter, you have 90 days to file a lawsuit. Missing these deadlines can bar your claims, so it is important to consult an attorney promptly.

Question 7

What remedies are available in an ADA case?

Accepted Answer

Remedies in ADA cases include: back pay (lost wages and benefits); front pay (future lost earnings); reinstatement; compensatory damages for emotional distress and other non-economic harm; punitive damages for intentional discrimination (capped based on employer size); injunctive relief requiring the employer to provide an accommodation or change its practices; and attorney fees and costs.

Question 8

What if my employer says my accommodation request is too expensive?

Accepted Answer

Employers can deny an accommodation if it would impose an "undue hardship" — a significant difficulty or expense given the employer's size, resources, and the nature of the accommodation. However, undue hardship is a high bar, and employers must consider all relevant factors. If an employer claims undue hardship, it must explore alternative accommodations before denying the request. An attorney can assess whether the employer's undue hardship claim is legitimate.

Disability Discrimination Lawyers in Utah

Your Disability Cannot Be Used Against You

Common ADA Violations

Frequently Asked Questions

Disability Discrimination Has Consequences