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When an employee files a claim under the ADA, it can be a daunting prospect for employers. The potential legal consequences can be significant, including costly settlements, damages, and attorneys' fees. However, there are a number of defenses that employers can assert to protect themselves against such claims.
What Clients are Saying About Tien Law Firm
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I'm truly grateful to have found your firm. I can't imagine trying to go through this whole ordeal with anyone else let alone on my own. Thank you for all of your help, support, kindness and knowledge.- Tae T.
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Sonya is a brilliant lawyer who absolutely knows what she is doing! As a lawyer myself, it's easy for me to tell when another lawyer is overlooking something, and working with Sonya, I feel confident that nothing at all will be overlooked.- Melody M. - Attorney
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She is One of the best you can ever find...always there to take your calls and responds to your emails fast.- Bright I.
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I am extremely happy and satisfied with the legal services provided by the Tien Law Firm and Ms. Sonya Tien in particular. Ms. Tien went above and beyond.- Inessa B.
Employer Defenses for ADA Claims
Key employer defenses to ADA claims:
- Lack of disability: One of the primary defenses that employers can assert is that the employee does not actually have a disability as defined by the ADA. The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. If the employee's condition does not meet this definition, the employer may be able to argue that the claims are not valid under the ADA.
- Failure to request accommodation: Under the ADA, employees are required to request reasonable accommodations for their disabilities. If an employee fails to make such a request, the employer may argue that they were not aware of the need for accommodation and therefore cannot be held liable for failing to provide it.
- Undue hardship: Another defense that employers can assert is that providing accommodations for the employee would pose an undue hardship on the business. This defense requires employers to show that the accommodation would cause significant difficulty or expense, taking into account factors such as the size of the business and the resources available.
- Business necessity: Employers can also argue that the actions taken were based on legitimate business needs rather than discriminatory intent. For example, if an employee is terminated for reasons unrelated to their disability, the employer can defend their decision by showing that it was necessary for the operation of the business.
- Statute of limitations: Finally, employers can argue that the employee's claim is barred by the statute of limitations. Under the ADA, employees must file a claim within a certain time frame after the alleged discrimination occurred. If the employee fails to do so, the employer can use this defense to have the claim dismissed.
In conclusion, employers facing ADA claims have a range of defenses at their disposal to protect themselves against legal liability. By working with experienced legal counsel and carefully considering these defenses, employers can effectively navigate the complexities of ADA compliance and mitigate their legal risk.
