The Americans With Disabilities Act (ADA)
The ADA is federal law, which prohibits employment discrimination against people with disabilities by private employers, state and local governments, labor organizations, and labor management committees. The ADA protects people with disabilities from job discrimination based on disability.
To qualify under the ADA, the disabled employee must have a record of or be recognized as having a substantial impairment that severely impacts their life, such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working. In addition to proving disability, the person complaining must also satisfy the requirements necessary for the job, so that they can perform the “essential functions” of the job, with or without reasonable accommodation. If a function is seldom performed it is not essential, an employer cannot refuse to hire or fire you from a job. It is also illegal for an employer to retaliate against an employee for expressing your legal rights under the ADA.
The definition of reasonable accommodation is any alteration to a position or work environment that allows an employee or potential employee with a disability to be able to perform the necessary, essential functions of the job or experience the same level of benefits and privileges of the job as possessed by employees without a disability.
Examples of reasonable accommodation may include:
- Providing special equipment or materials
- Modifying existing equipment
- Flexible work schedules
- Providing assistance such as interpretation and readers
The Act also protects you if you are a victim of discrimination because of your family, business, social or other relationship or association with an individual with a disability.
When you are applying for employment, employers may not ask if you are disabled or enquire about the nature/severity of your disability.
If you need further information regarding The Americans With Disabilities Act (ADA), please contact us at (424) 380-6662 or fill out the form here.
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