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Disability Discrimination

According to the Americans with Disabilities Act of 1990 (ADA), private employers, state and local governments, employment agencies, and labor unions must refrain from discriminating against disabled individuals with regard to:

• Job applications
• Hiring and firing procedures
• Promotions
• Benefits
• Occupational training
• Other terms and conditions of employment

ADA covers employers with at least 15 members on their workforce. Its regulations also extend into federal government in reference to section 501 of the Rehabilitation Act.

A disabled individual is defined as someone who:

• Is impaired mentally or physically in such a way that puts a damper on day-to-day activities.
• Has a history of impairment or is categorized as having impairment.

A qualified job applicant or employee with a disability is someone who can meet the requirements of the task at hand without demanding any extraordinary accommodations. Realistic accommodations could include:

• Converting existing facilities to be accessible by people with disabilities (i.e. adding wheelchair ramps)
• Job restructuring
• Altering work schedules
• Position reassignment to fill a void
• Purchasing or modifying new equipment
• Making adjustments to exams, training materials, or policies
• Hiring interpreters

An employer is expected to make accommodations for a disabled employee as long it does not impose any economic hardships on the company that will hurt business operations. When calculating the impact of an undue hardship, characteristics like size of the business, financial reserves, and the nature of the operation are taken into account. If the quality of the product or service is negatively affected by the change, it is the employer’s choice whether to provide this accommodation. The employer is not required to supply items for personal use such as glasses or hearing aids at all.

ADA mandates that employers not question job applicants about the nature or stages of a disability. Instead, candidates could be asked about their capacity to handle various tasks. A job offer may be contingent upon the outcome of a medical exam only if all employees vying for this position are required to be tested regardless of the presence of a disability. Employee medical exams must be consistent with the employer’s business needs to be considered ethical.

Drug and alcohol abuse is not covered under ADA, and drug tests do not fall into the realm of restricted medical exams. Employers are entitled to holding drug abusers to the same standards as fellow employees.

Under ADA, it is illegal to seek revenge on any individual who:

• Disagrees with employers that discriminate against the disabled.
• Files a discrimination charge.
• Offers testimony or partakes in an investigation or court proceeding.