IN REGARDS TO THIS CASE, What is the ADA? How does this law possibly apply to the client's case?

On Friday of last week, I met with Maria Kellen Rosa and I have accepted this client's case for the firm. We will be conducting some research on the case at this point. Maria was born on June 8, 1995 and is a resident of this county. 

Maria was recently informed by her employer that she cannot perform her work duties while seated in her wheelchair and will be required to stand for up to an hour at a time to help clients beginning the first day of next month. Maria is employed by ABC Beauty Salon as a receptionist, which is located in this county. Her job requires that she welcome clients, complete the check-in process for incoming clients when they arrive, provide a robe to each client, and provide water, coffee, or tea to each client as they await their appointment. 

During the initial interview, it was revealed that Maria is confident she can complete each of these tasks pursuant to the applicable job description while using a wheelchair. Maria is requesting a medical accommodation based on ADA law for this issue, but she wants our help in researching and applying the law to the issue.

Maria did not require a wheelchair when she was first hired in 2014. However, related to her diagnosis of Larsen Syndrome, her knees have become too painful to stand for more than a few minutes at a time. The intake paralegal has collected and validated Maria's diagnosis. Maria's treating physician included a formal letter to the law firm verfiying our client's medical need for a wheelchair.

Maria's manager refuses to accommodate her need for a wheelchair and has accused her of "being lazy." Maria is afraid she will lose her job as a result and is seeking our firm's representation.

What is the ADA? How does this law possibly apply to the client's case?

 

The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The ADA is divided into five titles (or sections) that relate to different areas of public life.

Step-by-step explanation

The ADA was designed to help people with disabilities access the same employment opportunities and benefits available to people without disabilities. Employers must provide reasonable accommodations to qualified applicants or employees. A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process or to perform essential job functions. 

In this case, Maria is confident she can complete each of these tasks pursuant to the applicable job description while using a wheelchair. This means that she possessed all the qualifications and is fit to perform her functions as receptionist provided that she uses wheel chair. The ADA aims to give equal opportunities to disabled person and prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. The refusal of Maria's employer is contrary to the provisions of the said law as it was specifically stated therein that Employers must provide reasonable accommodations to qualified applicants or employees. Here, it is apparent that Maria is a qualified employee and she did not even conceal her condition during her interview. The fact that her employer hired her despite such disclosure is an implied admission that he or she is accepting Maria as his or her employee.