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Understanding the Basics of Employment Disability Discrimination

Disability: Who has It?

A person who has a disability is someone who:

• Has a record of such a mental or physical impairment
• Is considered as having an impairment
• Has a mental or physical impairment which considerably restricts an individual’s major life activities

Disability Discrimination

Approximately 43,000,000 people in the United States have disabilities, either mental or physical. Disabled persons usually suffer, not only because of their condition, but also due to how others treat them, as people have a tendency to isolate them.

Some of the different forms of disability discrimination may include, but are not limited to, the following:

• Segregation
• Direct deliberate exclusion
• Prejudiced effects of transportation, architectural, and communication barriers
• Overprotective rules and regulations
• Demotion or relegation to lesser activities, services, benefits, programs, or any other opportunities
• Exclusionary requirement standards and criteria
• Failure to create adjustments to practices and facilities that are already in existence

One of the areas where disability discrimination usually exists is in employment. Applicants and/or employees are treated differently or discriminated against based on their disability.

To protect such people, one of the many laws that were enacted is the Americans with Disabilities Act of 1990 or ADA.

Americans with Disabilities Act of 1990 (ADA)

The Americans with Disabilities Act of 1990 or ADA is intended to give a clear and comprehensive order to eliminate any forms of discrimination against disabled individuals by making disability discrimination, illegal.

Title I of the ADA deals mainly with employment disability discrimination. It prohibits employers from discriminating against qualified individuals who have disabilities in all employment practices, including:

• Job application procedures
• Hiring
• Advancement
• Compensation
• Job training
• Job assignments
• Promotions
• Benefits
• Leaves
• Pay
• Lay off
• Firing
• Other privileges, terms, and conditions of employment

Here is a list of those that are prohibited to practice any forms of discrimination in all the aspects of employment:

• Private employers who have 15 or more employees
• State and local governments
• Employment agencies
• Labor organizations

Reasonable Accommodation

If it is necessary, employers have to provide reasonable accommodation to a qualified individual who has a disability.

A reasonable accommodation is a modification or an adjustment which allows a certain employee to perform the job.

Some examples of reasonable accommodations include, but are not limited to, the following:

• Reassignment to another position available
• Restructuring of a job
• Changing work schedules
• Creating alterations to already existing facilities that are used by employees to make it easily accessible for qualified individuals who have disabilities
• Providing qualified interpreters or readers
• Revising or modifying training materials, rules, or examinations
• Providing or modifying equipments or devices

Remedies in Employment Disability Discrimination

If you have experienced or are experiencing discrimination in the workplace, it is advisable that you file a claim. And because these cases can be complex, it is of utmost importance to seek legal assistance from an expert attorney who has more than enough knowledge and skills to deal with your case. He/She can aid you in obtaining remedies. Some of these remedies that you may possibly get include, but are not limited to, the following:

• Hiring
• Attorney’s fees
• Reassignment
• Reasonable accommodation
• Reinstatement
• Back pay
• Promotion

With the aid of such an attorney, you will be able to fight for your rights and attain equality in the workplace.

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