Disabled Workers Rights

The Americans with Disabilities Act of 1990 makes it illegal to discriminate against qualified employees or potential employees because of a disability. ADA regulations are enforced by the U.S. Equal Employment Opportunity Commission and both state and local civil rights enforcement authorities, although enforcement varies from jurisdiction to jurisdiction, with some states and municipalities focusing more on enforcement than others. Some states and municipalities have laws over and above the ADA.

Covered Employers

Most employers are covered by ADA regulations. In general, ADA covers private employers, state governments, local governments, employment agencies, labor organizations and committees made up of representatives of labor and management. The EEOC enforces aspects of the ADA in organizations with 15 or more employees.

Protected Classes

Disabled people who are qualified for a particular job are covered by the ADA. The definition of a disability under ADA is a physical or mental impairment that limits one or more major life activities. The ADA also protects people with a history of disabilities and employer-perceived disabilities that don't exist.

Reasonable Accomodation

Employers are required to provide reasonable accommodations to qualified applicants or employees unless those accommodations can be proven to be an undue hardship on the company or organization. Reasonable accommodations may include job restructuring, providing or modifying devices and equipment, modified or part-time work schedules, assignment to a more suitable position, making changes to training or policies, providing help with reading, providing interpretative services and making the workplace accessible to disabled people.

Covered Employment Practices

Although all employment-related activities are covered, the EEOC specifies that discrimination may not occur in hiring, firing, training, recruiting, job assignments, promotions, benefits, pay, layoffs or requests for leaves. In addition, retaliation against people exercising rights under ADA is prohibited.

How to Report Discrimination

If you think your rights under the ADA have been violated, you have several options. One is to contact a private employment law attorney. Another is to directly contact the EEOC. It is very important to contact the EEOC as soon as the suspected discrimination occurs. Charges of discrimination must be filed within 180 days of the occurrence of the alleged discrimination. If you live in a state or municipality that also offers enforcement of ADA rules, the EEOC can also help you contact relevant state and local agencies.

References

• The ADA: Your Employment Rights as an Individual With a Disability
• Disability: Employee Rights
• NLRB Turns Back the Clock, Relegates Disabled Workers to Second-Class Status