We have handled numerous cases on behalf of employees who have faced discrimination due to health limitations. The Americans with Disabilities Act prohibits discrimination against “a qualified individual with a disability because of the disability of such individual” with regard to hiring, compensation, discharge, and other terms, conditions, and privileges of employment. The Kentucky Civil Rights Act has parallel protections for disabled Kentuckians. To make out a prima facie case of disability discrimination under the ADA or KCRA, a plaintiff must show that he or she is qualified, with or without reasonable accommodation, to perform the essential functions of the job in which he suffered an adverse employment action.
Under the ADA, an individual who is regarded as disabled also counts as disabled for purposes of the Act. To discriminate “on the basis of disability” includes “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an … employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.” In short, failing to make a reasonable accommodation falls within the ADA’s definition of “discrimination.”
If you feel you have been discriminated against based on a disability, contact us today. We will be happy to discuss your case.