Disability laws are laws that were created and are enforced to protect people who are disabled. The Americans with Disabilities Act of 1990 (ADA) is the leading governance on disability laws. Individual states may pass their own disability statutes as long as these statutes are consistent with the ADA.
Other federal statutes prohibiting discrimination against individuals with disabilities include the Fair Housing Act, Rehabilitation Act, Air Carrier Access Act, and Individuals with Disabilities Education Act:
Disability discrimination, as defined by the Equal Employment Opportunity Commission (EEOC), is when an employer or other entity covered by the ADA, treats a qualified individual with a disability who is an employee or applicant unfavorably because they have a disability. This discrimination may also occur against a person who no longer has a disability, but has a history of a disability or is believed to have a temporary physical or mental impairment.
The Americans with Disabilities Act is a wide-ranging civil rights law that affords man protections to those with disabilities. It prohibits discrimination against a disabled person in the areas of employment, transportation, public accommodation, communications, and governmental activities. The ADA also establishes requirements for telecommunications relay services.
There are five federal agencies that enforce the ADA:
Those protected under the ADA include people with both mental and physical medical conditions. The condition does not need to be severe or permanent for a person to be protected under the ADA.
The Equal Employment Opportunity Commission provides a list of conditions that anyone can easily conclude to be a disability. These conditions include:
Other mental or physical conditions may be included with this list depending on the individual’s symptoms when that individual is not taking preventative measures, such as medication or therapy, to mitigate those symptoms. Certain states, such as New Jersey and Iowa, also classify pregnancy as a temporary disability.
The ADA prohibits both private and public employers from discriminating against a person with any of the disabilities classified above at any stage of the employment process including the following stages:
The ADA also protects against discrimination of a person simply because that person is related to or associated with someone who is disabled.
In addition to protecting against acts of discrimination, the ADA also requires employers to provide reasonable accommodations to employees with disabilities. Under the ADA, a “reasonable accommodation” is a change to the work environment, schedule, or procedures to help a disabled employee perform essential job functions or major life activities in the workplace.
Some examples of reasonable accommodations include:
The accommodation must be reasonable in light of the nature of the employee’s work and work environment and cannot impose and undue hardship on the employer.
If you have a disability and feel you have been discriminated against by your employer or by a potential employer, an employment attorney can help you through the complicated process of filing your claim and ensuring your rights are protected.
Last Modified: 02-07-2017 12:05 AM PSTLaw Library Disclaimer
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