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Did Your Newborn Suffer Cerebral
Palsy or Another Brain Injury Before
or During Labor and Delivery?

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Our Birth Brain Injury Resource Guide

the guide

Get a FREE guide of resources available throughout Ohio to children and families of children who were born with brain injuries.

Our guide can help you build a foundation of knowledge and tools that will help you help your child
now and in the future.

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ADA – Your Rights

The Americans with Disabilities Act provides for specific protections under the law for Americans living with disabilities to ensure that they are treated fairly.

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Specifically, this Act is a federal law that makes it illegal to discriminate against an individual on the basis of a disability. The protections offered do not only apply to adults with their own disabilities, but the protections can also apply to adults who are parents or guardians of infants who suffered birth injuries. Parents and guardians are covered under the Act because they are considered to be associated with a disabled person, which offers them certain protections under the law. If you are a parent or guardian of an infant who suffered a brain injury at birth, contact our team of lawyers today to discuss your rights. We have attorneys in every state who can speak with you and help make sure that you are receiving the protections you are entitled.

Protections You Are Entitled To

As a parent or guardian of a disabled infant, you are entitled to certain protections. This Act is designed to prohibit employers from treating you any differently from any other employee because you are responsible for a baby who has a disability.

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Health Insurance

The Americans with Disabilities Act makes it illegal for your employer to deny you or your child health insurance coverage due to the higher costs associated with treatment and long-term care of disabilities. While it may be costlier for your employer to provide your insurance coverage, they cannot decide not to provide it for you and your child due to the cost since this would be illegally penalizing you and your family specifically because of your infant’s disability.

Employment Decisions Cannot Be Made as a Result of Your Child’s Disability

This Act requires that your employer cannot make adverse employment decisions about you on the basis of your child’s disability. This provision grants you protection when you are applying for a job since you cannot be denied employment solely due to your infant’s disability acquired at birth, and you also cannot be fired from your job as a result of your child’s disability. It also provides protection in that you cannot be passed over for a promotion you are qualified for simply because your infant has a birth disability.

Reasonable Accommodations

While the established Act does not require your employer to make reasonable accommodations for you to care for your infant with a disability, the Act does protect you from being treated differently than any other employee. This means that if there is a company-wide policy governing employee attendance, you will still need to follow the company policy because you will not be treated any differently than the other employees. When your child does grow up and seek out employment on their own, however, this provision requiring reasonable accommodations will apply to them in the workforce.