As an attorney focusing exclusively on helping people with disabilities in Southern California and statewide, Eugene Feldman regularly pursues claims involving employment discrimination or access to public areas under the Americans with Disabilities Act (ADA).
The ADA was passed by Congress and signed into law in 1990. A landmark piece of legislation, the ADA was arguably the largest and most significant anti-discrimination law since the Civil Rights Act of 1964. The broad scope of the ADA reaches into many areas of law and life, including employment; public transportation and governmental buildings; public accommodations and commercial facilities, such as hotels, shops, and restaurants; and telecommunications, including website accessibility.
Who is Disabled?
The ADA defines disability in several ways. For instance, a disability is a physical or mental impairment that substantially limits the performance of one or more major life activities. The regulations and subsequent federal and Supreme Court decisions also address what counts as a disability under this definition, deciding issues regarding specific impairments and life activities.
There are two other prongs to the ADA disability definition in addition to having a physical or mental impairment. A person is also covered under the ADA if he or she has a history of disability or is regarded as having a disability. Examples could include someone with a family history of heart disease or cancer, a person who is HIV-positive, or an individual with a prosthesis. Employers may view such people as less competent, dangerous to themselves or others, or simply more difficult to work with. The purpose of the ADA is to prevent or remedy unlawful discrimination based on such unfounded fears or stereotypes.
The 2008 Amendments to the ADA made it clear that the definition of disability is to be construed broadly in favor of coverage of individuals to the maximum extent allowed by law. Even so, whether an individual is covered under the Act can still disputed by the employer in an ADA lawsuit.
Seek Experienced Legal Representation
Proving a case requires the assistance of a skilled trial attorney who understands the ADA, its voluminous regulations, and the interpretations of the many federal court decisions which have addressed the law over the past two decades. Eugene Feldman has been practicing disability law since before the ADA was enacted and is intimately familiar with the law as it has evolved in Congress and the courts in California and nationwide. If you need advice or representation in an ADA matter involving disability discrimination, accessibility and compliance, or reasonable accommodations issues, contact Eugene Feldman, Attorney at Law, for a free consultation.