How to Qualify for ADA
The Americans with Disabilities Act protects employees from being discriminated against in the workplace. This federal act requires that employers reasonably accommodate disabled employees. To qualify as disabled your disability must cause "a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment."
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Instructions
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Call your physician and request all official medical records relating to your disability. Pick up the records as arranged. If no records exist you will need to explain your disability to your employer to be accommodated at work.
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Provide the records or disability details to your employer and explain that, under the Americans with Disabilities Act, he has the responsibility to reasonably accommodate your disability. If your employer refuses to accommodate your request, contact the Department of Justice ADA line at 800-514-0301 and request an investigation be launched.
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Hand over all relevant paper work to the Department of Justice. Wait for the Department to complete its investigation and notify you of its decision on whether you qualify for protection under the ADA. In the event you do, the Department has a lot of enforcement mechanisms it can use to ensure compliance with they ADA; it can seek out-of-court settlements, issue fines or aid with you with a civil lawsuit. You will need to appeal if you do not agree with the Department's decision.
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Apply for an appeal if you feel the Department of Justice's and your employer's were wrong in their assessment. Call the ADA hotline to request the required forms. Appeals processes will differ from state to state. This is your last step in qualifying for ADA protection. This decision is final.
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Tips & Warnings
Consult an employment lawyer for professional advice.
References
Resources
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