Discrimination Against the Disabled in the Workplace

The Americans with Disabilities Act provides some protection against discrimination.

Discrimination against disabled people in the workforce takes many forms. It may come from failure to recognize the challenges faced by the disabled in their place of employment or may be seen in the harassment or ill treatment of disabled people. Under U.S. law, there are a number of rights which protect disabled people.

Types of Discrimination Against Disabled Employees

Employers might discriminate against disabled people in a number of ways. This can be done by verbally abusing a disabled person or insulting him based on his disability and stretches as far as making unreasonable requests of him which may not be possible for him to complete due to his disability. An employer might also discriminate by stereotyping a disabled person or attaching a stigma to her disability.

Americans with Disabilities Act 1990

The ADA is federal law.

The Americans with Disabilities Act (ADA) which passed into law in 1990, is a broad act which outlines a number of rights for disabled people. Title I of the Act deals with workplace discrimination. The act is federal law and so must be abided by all U.S. employers with more than 15 employees, trade unions, state and local governments and employment agencies.

Protection Given by the ADA

The ADA prohibits discrimination against disabled people in a number of ways. The act entitles disabled people to access to the same rights as all other employees--they must be hired, fired, promoted and trained in the same manner as all other employees. Their advancement in their chosen careers must be legally based on their qualifications. A disabled person may not be asked about their disability in an interview and may not be forced to have a medical examination when offered a job unless this is standard for all starting employees. An employer must also honor any reasonable request to accommodate an employee's disability unless doing so would cause "undue hardship."

Disabilities as Defined by the ADA

A person may be classed as disabled if they have a physical or mental disability and can provide some record of the disability or who can be regarded as having an impairment. Provisions are also made under the act for deaf and/or blind people and employees with diabetes or cancer. The ADA also covers people with AIDS.

How to Tackle Discrimination

A lawyer or the EEOC may help you to bring a discrimation case.

If you feel you are being discriminated against in the workplace, there are steps which you can take. You may contact an attorney or go directly to the U.S. Equal Employment Opportunity Commission (EEOC). An employer may not retaliate against any person who files a complaint about discrimination.

References

• Ragged Edge: The Long & Sorry History of Discrimination Against People with Disabilities in the United States
• Employee Issues: Americans with Disabilities Act
• The U.S. Equal Employment Opportunity Commission: Facts About the Americans with Disabilities Act
• Workplace Fairness: Hidden Barriers
• Costello and Mains: Workplace Discrimination

Resources

• U.S. Equal Employment Opportunity Commission: Home