ADA Laws in PA: Understanding Your Workplace Rights

The Americans with Disabilities Act (ADA) is a landmark federal law designed to protect individuals with disabilities from discrimination in all areas of public life, including employment. However, disability protections can vary significantly by state, and Pennsylvania employees benefit from additional local statutes. If you believe your rights have been violated at work, the experienced employment attorneys at Weisberg Cummings, P.C. can help you evaluate your situation and determine if you have a valid legal claim.

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State vs. Federal Disability Laws in Pennsylvania

Pennsylvania workers are protected from disability discrimination under two primary laws. Depending on the size of your employer’s business, you may be covered by one or both of these statutes:

  • The ADA: This federal law applies to employers with 15 or more employees. Title I of the ADA strictly prohibits discrimination in hiring, firing, promotions and compensation.
  • The Pennsylvania Human Relations Act (PHRA): The PHRA is the state-level equivalent of the ADA but offers broader protection. According to the official text of the PHRA, this state law applies to employers with four or more employees. This means that even if you work for a small business in Pennsylvania, you may still be protected from disability discrimination.

If you’re unsure which law applies to your specific employer, consulting with our attorneys who handle ADA violations is the best way to clarify your rights.

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Common Workplace ADA and PHRA Violations

Workplace discrimination is not always an outright action or slur. Often, it takes the form of subtle policy violations or unfair treatment regarding accommodations and hiring practices. To help determine if you have an ADA case, consider if your employer has engaged in any of the following common violations:

  • Failure to provide reasonable accommodations

    Under both the ADA and PHRA, an employer must provide a reasonable accommodation to a qualified individual with a disability, provided it does not cause undue hardship (defined as an action requiring significant difficulty or expense). Examples include modifying work schedules or providing specialized equipment.

  • Illegal hiring practices

    Before making a conditional job offer, employers are strictly prohibited from asking applicants about their medical history or the nature of a disability. They may only ask if you can perform specific, essential functions of the job, such as “Can you lift 50 pounds?”

  • Retaliation and wrongful termination

    It is illegal for an employer to demote, punish or fire you simply because you requested a reasonable accommodation or filed a discrimination complaint. If you were let go under these circumstances, you may have grounds for a wrongful termination claim.

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Strict Filing Deadlines for Pennsylvania Employees

If you suspect you have been the victim of disability discrimination, taking prompt action is critical. Both federal and state laws have strict statutes of limitations, or deadlines, for filing a claim. Missing these deadlines could result in losing your right to pursue compensation.

In Pennsylvania, employees generally have 300 days from the date of the discriminatory act to file a federal claim with the Equal Employment Opportunity Commission (EEOC). For state-level claims, you have just 180 days to file with the Pennsylvania Human Relations Commission (PHRC).

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Consult the PA Employment Lawyers at Weisberg Cummings, P.C.

Going through the complex ADA and PHRA documents while dealing with the stress of a workplace dispute can be overwhelming. At Weisberg Cummings, we believe you deserve genuine care, personal accessibility and a legal team that takes the time to truly listen to your story. We pride ourselves on returning calls promptly and validating our clients and their experiences.

While the outcome of any case depends on a myriad of specific factors, we are dedicated to helping you seek the justice and potential compensation you deserve. Schedule a free consultation with our attorneys today or call us directly at 855-716-2367 to discuss your workplace rights.

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