Americans With Disabilities Act Protections
While many Americans have heard of the Americans with Disabilities Act, many fail to understand how the ADA protects parents of children with disabilities and children who have suffered a disability or life-altering injury stemming from a birth injury. The ADA is important legislation that carves out rights for parents and children.
Protections Provided by the ADA
The ADA provisions apply to parents of children with birth injuries because they have an "association with a disabled person." The law protects people who have an association with a disabled person in several ways:
- Reasonable accommodation: The ADA requires an employer to make reasonable accommodation for a person who has a disability. Once a child who has a birth injury begins to seek employment, he or she may not be discriminated against and may request reasonable accommodation for the disability. Parents are not entitled to reasonable accommodation for their child's disability, but there are other important protections.
- Adverse employment decisions: An employer cannot make employment decisions that affect a parent of a child with a disability because of the child's disability. This means that the employer may not pass over the parent for a promotion or refuse to hire or terminate the parent due to the child's disability.
- Health care: A parent of a child with a disability may not be discriminated against by being refused health care due to the higher costs associated with the child. Children who suffer disabling birth injuries will likely see higher health insurance costs, but an employer cannot use the child as an excuse to deny health insurance.
Dealing with the stress and anxiety surrounding a birth injury is difficult enough without the added fear of losing your job because of it. The protections in the ADA work to help you and your family as you learn about your options after a birth injury.
Find Out More
The Birth Injury Team is a subsidiary of Silvers, Langsam & Weitzman, P.C., made up of experienced attorneys and medical professionals. Our lawyers have more than 100 years of combined experience handling birth injury cases. We are dedicated to helping parents understand their child's condition and guiding them through the process of securing the care and support they need.
To discuss your needs with one of our professionals, contact our office in Philadelphia, Pennsylvania. We serve clients across the United States.
