subject: The Americans with Disabilities Act [print this page] The Americans with Disabilities Act The Americans with Disabilities Act
Title I of the Americans with Disabilities Act (ADA) of 1990 took effect in July 1992 and "prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified people with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment." Title I applies to employers with fifteen or more employees.
If you feel you have been discriminated against due to a disability, then you should seek out an employment lawyer who has experience with these types of claims. People with disabilities are entitled to the same rights as those without disabilities, and discrimination against disabled people is not only unethical but can be criminal. Legally speaking, an individual with a disability suffers from a physical or mental impairment that significantly limits his or her ability to participate in one or more of life's main activities and has a record of such impairment. A qualified employee or applicant can, with or without reasonable accommodations, perform the job he has or is applying for. "Reasonable accommodation" is legally defined as:
Making existing facilities used by employees readily accessible to and usable by persons with disabilities
Job restructuring, modifying work schedules, reassignment to a vacant position
Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters
Employer Responsibility
According to the ADA, employers are responsible for making accommodations for employees with disabilities as long as the accommodation does not impose "undue hardship" on the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense. An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids. Employers are not allowed to ask the employee or applicant about the severity or cause of the disability but may ask how the disability will affect the employee or applicant's ability to perform the job's requirements.
If you feel you have been discriminated against due to a disability, you may have a valid legal claim against your employer. Not abiding by federal statutes such as the ones outlined in the ADA is not only a violation of one's civil rights but may also be considered a criminal act.
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