The Americans with Disabilities Act (ADA) protects qualified employees and job applicants with disabilities from discrimination based on that disability. To be protected under the ADA, an individual must have a physical or mental impairment that substantially limits a major life activity, such as hearing, seeing, speaking, walking, breathing, etc. The ADA also protects individuals who have a history of a disability or who are perceived by an employer as having a disability, even if they do not currently have one.
The ADA prohibits covered employers from discriminating in all aspects of a person’s career — from hiring and firing to promotions and compensation. For employees managing a medical condition, the added stress of unfair treatment can make an already challenging situation even more difficult.
In addition, the ADA also requires employers to provide reasonable accommodations to qualified employees and applicants with disabilities, unless doing so would create an undue hardship– meaning that such accommodation would require significant difficulty or expense. A reasonable accommodation can involve practical changes at work that help an employee perform the essential functions of the job, such as modifying responsibilities, adjusting schedules, or providing tools or flexibility related to a medical condition.
To be protected, an individual must also be qualified for the position. This means that the individual is capable of meeting the employer’s basic requirements for the job and being able to perform its essential duties, with or without reasonable accommodation. An employer cannot refuse to hire or retain someone because of a disability if the person can perform the core functions of the position.
Disability discrimination in the workplace can be subtle, but the consequences are real. If you believe you have experienced disability discrimination or a failure to accommodate, it is important to speak with an attorney who specializes in employment law and can effectively evaluate your specific situation.
Learn more about disability discrimination on the U.S. Equal Employment Opportunity Commission website.
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