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Employment Law

If you are a contractor to the federal government, are you

Customer Question
covered under the Disability Act...
If you are a contractor to the federal government, are you covered under the Disability Act. Particularly, if you have a physical injury and a doctor note asking for proper set-up for your cube, can you lose your job? The injury does not impact your ability to do your job.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Has anything been filed or reported?
Customer: I gave the doctors note to the facilities manager at the government site.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The government side has the proper equipment such as a standup cube and chair, but it was given to others without a disability.
Submitted: 5 months ago.Category: Employment Law
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Customer reply replied 5 months ago
I will be 60 in July and already and working in a hostile work environment with unfair work assignments that are not equivalent to be level of employment. At lot of the appropriate work is being to younger contractors as training for better positions.
Customer reply replied 5 months ago
I just want a fair environment to do my work. My injury is to my neck and lower back, but I still can do the job.
Customer reply replied 5 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 18 minutes by:
6/11/2017
Employment Lawyer: Albert Marmero,
 replied 5 months ago
Albert Marmero
Category: Employment Law
Satisfied Customers: 197
Experience: Partner at Long, Marmero, & Associates, LLP
Verified

To answer your specific question, if the company you are employed by has fifteen or more employees, then the company is covered by the Americans with Disabilities Act. The specific language from the ADA reads that the ADA applies to "all employers, including State and local government employers, with 15 or more employees."

So if you are classified as disabled, a company covered by the ADA must provide reasonable accommodations to allow you "to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities." Reasonable accommodation could include modifying equipment and making the workplace more accessible.

I hope this is helpful. Please provide a rating so I receive credit for promptly responding to you. After rating, feel free to ask follow-up questions. Thanks!

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Customer reply replied 5 months ago
What do you mean as "classified as disabled:?
Employment Lawyer: Albert Marmero,
 replied 5 months ago

The ADA protects qualified individuals with disabilities from employment discrimination. Under the ADA, a person has a disability if he has a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of a substantially limiting impairment, and people who are regarded as having a substantially limiting impairment.

To be protected under the ADA, an individual must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning or working.

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Albert Marmero
Albert Marmero
Albert Marmero
Category: Employment Law
Satisfied Customers: 197
197 Satisfied Customers
Experience: Partner at Long, Marmero, & Associates, LLP

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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