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Federal Employment Discrimination Law - Disability

Federal law prohibits discrimination in employment based on disability. This means that an employer may not fire or refuse to hire an otherwise qualified employee based on a physical or mental disability.

The law also requires employers to make reasonable accommodations for disabled employees. The key word here is “reasonable.” The law does not require employers to make every accommodation that might allow a disabled employee to do the job.

Reasonable accommodations include things like modifying existing facilities to make them accessible to all employees. It also could include hiring readers and interpreters, modification of work schedules, or reassignment to vacant positions. Employers may also be required to provide an employee with a leave of absence to accommodate their disability.

However, an employer is not required to wait indefinitely for an employee to be able to perform the functions of a job.

If an employee’s disability prevents them from doing their job, the employer may fire or refuse to hire them. However, the employer should attempt to make reasonable accommodations before doing so.

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