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Americans with Disabilities Act

You just got a letter that says your employer cannot change your schedule, workstation, or job duties after an injury because "the ADA does not apply." The Americans with Disabilities Act is a federal civil rights law, first passed in 1990, that bars disability discrimination in employment, government services, public spaces, transportation, and telecommunications. In the workplace, it generally requires covered employers to provide reasonable accommodations to qualified workers with a disability unless doing so would cause an undue hardship.

That matters because employers, landlords, schools, and businesses sometimes use delay, vague paperwork demands, or flat denials to push people out instead of dealing fairly. The ADA can protect someone with a physical injury, chronic illness, mental health condition, or other impairment if it substantially limits major life activities. Protection may also apply when an employer wrongly treats someone as disabled. A key trap is assuming the law only covers people who use wheelchairs or have permanent conditions.

For an injury claim, the ADA can become part of the bigger picture after a crash or workplace incident. It does not replace a personal injury claim, workers' compensation, or a wrongful termination case, but it may support a separate discrimination claim if an employer refuses lawful accommodations after you are hurt. In New Mexico, disability discrimination may also be covered by the New Mexico Human Rights Act. Deadlines depend on where and how the claim is filed, so waiting can cost leverage fast.

by Raymond Tsosie on 2026-03-26

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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