DISABILITY DISCRIMINATION
Persons with disabilities need not undergo discrimination in the workplace or when applying for a job. Rather, they ought to be evaluated based on their actual job performance. Regardless of a person’s disability, they have a right to be considered equally by employers and the failure of the employer to do so is not only wrong, but also illegal. If you have experienced discrimination based on a real or perceived disability, you are protected under both federal and state laws and are within your rights to fight the unjust acts of your employer.
What laws protect disabled workers from workplace discrimination?
The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of workers’ disabilities. Generally, the ADA prohibits employers from:
- discriminating on the basis of virtually any physical or mental disability
- asking job applicants questions about their past or current medical conditions
- requiring job applicants to take medical exams, and
- creating or maintaining worksites that include substantial physical barriers to the movement of people with physical disabilities.
The ADA covers companies with 15 or more employees. Its coverage broadly extends to private employers, employment agencies and labor organizations. However, it does not protect state government workers.
In addition, many state laws protect against discrimination based on physical or mental disability. Both the Minnesota Human Rights Act and the Illinois Human Rights Act give special protection to qualified disabled persons.
Moreover, the Disability Rights Commission was established by the government to help establish and secure civil rights for disabled people and provide information which aspects of our lives are subject to protection through anti-discrimination laws for disabled people.
Finally, the Disability Discrimination Act (DDA) of 1995 aims to end disability discrimination by providing rights for disabled persons in areas such as employment, education, access to facilities, buying/renting property, and others.
Exactly whom does the ADA protect? How is “disability” defined?
The ADA’s protections extend to disabled workers regardless of whether they work part time, fulltime, or have not yet become permanent employees. To be considered disabled and therefore protected by the ADA, the worker must:
- have a physical or mental impairment that substantially limits a major life activity
- have a record of impairment, or
- be regarded as having an impairment.
An impairment includes physical disorders, such as cosmetic disfigurement or loss of a limb, as well as sensory or mental impairment and psychological disorders.
The ADA protects job applicants and employees who are considered to be “qualified” disabled persons. A qualified disabled person is one who, with reasonable accommodation, can perform the essential functions of all employees performing and/or applicants to the job in question. In other words, they would be able to perform at the same level as others if allowed accommodations such as wheelchair access, a voice-activated computer, or a customized workspace. As with other workers, wheter a disabled worker is deemed qualified for a given job depends on whether he or she has appropriate skill, experience, training, and education for the position.
Reasonable Accommodation
According to the law, reasonable accommodation “means the steps which must be taken to accommodate the physical or mental limitations of a qualified disabled person that are actually known or should have been known to the employer. A few examples of reasonable accommodation include:
- The employer must make the workplace readily accessible to disabled persons
- The employer must purchase or modify the necessary equipment to enable the disabled to perform their job functions.
- The employer must consider and make an effort to restructure a disabled person’s job. This may include a reassignment to a vacant position (but the employer is not required to create a new position).
It is important to consider the fact that all employers may not be able to afford some or all of these accommodations. However, an employer must be able to show hard evidence to prove the claim that the accommodations are too expensive to provide. The employer must also prove that they explored other, less expensive, options for the accommodations.
How do I take action?
The ADA mandates that you notify your employer that you need an accommodation for a medical condition. You don’t have to do this in writing, nor do you need to use any fancy legal terms. Just telling your employer what you need is enough. The ADA also requires you to work with your employer in finding an accommodation that is suitable to both of you.
Contact our offices if you believe you have been the victim of disability discrimination. Disability discrimination is prohibited by both federal and state law. If you feel you have received unfair treatment because of your disability, do not hesitate to call or e-mail our offices, or fill out a contact form to get in touch with us. We would be happy to help you evaluate your situation with a free initial consultation.