The Americans with Disabilities Act (ADA) has been instrumental in ensuring that people with disabilities receive the same employment opportunities as everyone else. This transformative civil rights law strives to protect disabled individuals from discrimination, giving them an equal footing in many areas of public life, including the workplace.
Among the medical conditions recognized as disabilities is hypertension, also known as high blood pressure. This long-term condition persistently elevates blood pressure in the arteries. It is a silent illness, often unnoticed as it usually doesn’t cause symptoms, but it is a significant risk factor for severe conditions like stroke, heart failure, and kidney disease, among others. About 90–95% of hypertension cases are primarily caused by a mix of lifestyle and genetic factors.
People with disabilities, such as hypertension, are entitled to request reasonable accommodations to facilitate their work performance. A prime example is a lawsuit settled against Verizon Maryland, LLC, in which the ADA’s protective mandate was decisively enforced.
In this case, a management employee suffering from hypertension asked for a change of position to accommodate his health condition. He hoped to switch to a field position or an alternate management role. Despite an opening for a field role he had previously held, Verizon insisted that he had to quit his job and reapply for the position in six months. This offer of resignation and reapplication was the only accommodation provided by the company, forcing the employee to quit due to medical necessity.
After legal proceedings, Verizon Maryland agreed to pay $115,000 to settle this disability discrimination lawsuit. Beyond the monetary settlement, the lawsuit has led to significant changes within the company. Verizon can no longer suggest resignation and reapplication as accommodations under the ADA. The company must also provide training on the ADA, emphasizing that resignation and reapplication are not reasonable accommodations.
This case highlights the ADA’s crucial role in ensuring equal employment opportunities for disabled individuals. It also serves as a stark reminder for employers to consider and implement reasonable accommodations for their employees facing health issues.
In conclusion, employees subjected to disability discrimination must seek legal representation to protect their rights effectively. An attorney who is well-experienced in employment law and disability discrimination can help navigate the complexities of disability rights and champion your case in this specialized legal field. Upholding the spirit of the ADA is not just the responsibility of companies but each of us, fostering a more inclusive society.