ADA or Americans with Disability Act makes it unlawful to discriminate against a qualified individual with a disability.
Read on to learn everything you need to know about ADA and your rights.
Are You Protected by The ADA?
ADA protects you if you are:
- An employee with a disability. ADA’s definition of a disability is a physical or mental impairment that restricts any specific major life activity. Major life activity includes basic everyday tasks (walking, reading, communicating) and bodily functions (immune system, digestive, reproductive).
- An employee with a history of disability. No employer can discriminate against a worker based on a past impairment.
- An employee who the employer considers as disabled. Whether or not the employee is disabled, ADA still protects them from discrimination.
Can an Employer Ask for Medical Examinations or About the Disability?
As previously mentioned, no. An employer can’t ask if you’re disabled, or for any other details. ADA protects your privacy rights.
The only situation where the employer has the right to ask is if your disability completely stops you from performing well at the job, with or without reasonable accommodation.
Reasonable Accommodation
Reasonable Accommodation is a change made to the work environment to accommodate a person with a disability. It helps you perform and progress in the job.
You can ask for it at any time, during the hiring process or when they are employed. Generally, you should request this accommodation when there is an obstacle in the workplace, due to a disability that prevents you from doing the job.
Some examples of reasonable accommodation may be:
- Providing or adjusting equipment
- Flexible work schedule (part-time or time off work)
- Accessible and usable environment for people with disabilities
- Assignment to an unoccupied environment
Keep in mind that reasonable accommodation is a legal obligation.
There is, however, one rare exception in which the employer doesn’t have to provide a reasonable accommodation:
If the accommodation is a undue hardship, which means costly or difficult to provide, the employer is not required by law to provide it. An employer should have objective evidence that providing reasonable accommodation is unreasonable, unjustified, excessive, improper, or extreme.
What Do I Do If I Am Being Discriminated Against?
Disability discrimination happens when your employer treats you (a qualified individual with a disability or previous disability) unfairly or less favorably.
If you think an employer is discriminating against you, you can file charges on the basis of disability by contacting the EEOC (Equal Employment Opportunity Commission) office. The charge should be filed within 180 days of the discrimination.
Remedies include: getting hired, promoted, back pay, reassignment, and reasonable accommodation.
