Employment Disability Facts for Employees and Employers
In the US, people with disabilities are entitled to equal opportunities of employment with people who have no disabilities. Disabled people have the chance to be as productive in their employment as they want to be. To protect their rights, the constitution has laws that protect them from discrimination. Employment disability discrimination is illegal, according to the Americans with Disabilities Act of 1990 (ADA).
The ADA considers a person disabled if he/she meets the following requirements:
• Is physically or mentally impaired, the impairment must substantially limit the person’s capability to perform one or more major life activities
• The person must have a record of this impairment
• The person must be regarded as one with such an impairment
A person qualified for employment is someone who can (with reasonable accommodation) perform his/her job functions. The term “reasonable accommodation” refers to the efforts on the part of an employer to accommodate disabled employees; it includes (but is not limited to):
• Making sure that existing facilities that are utilized by employees are accessible and usable by people with disabilities
• Restructuring of the job, modifying schedule of work, reassigning to a vacant position
• Providing trained and qualified interpreters and readers
Although an employer is required to make reasonable accommodations for disabled employees, they are only required to do so as long as it does not result to “undue hardship” on the employer’s business. Undue hardship can be determined by these factors:
• The accommodation’s nature and cost of implementation
• The financial capability of the employer
• The size, composition, structure, and nature of the business
• The cost of accommodation that has already been incurred in the workplace
Here are a few things a disabled person should know when applying for employment in a company:
• Is the company under the Americans with Disabilities Act? This is the first thing disabled people should find out when applying for a job. The ADA covers companies with 15 employees or more.
• Are you qualified for the job? Make sure that you meet the requirements for the job, such as educational qualifications, job experience, and whether you can perform the essential duties on the job description.
• Should you disclose a disability? Employers are not permitted to ask about your disability, even though it’s an obvious one. However, they are permitted to inquire whether you can physically fulfill the job’s essential functions.
What if you don’t get hired?
Not all job applications end with a positive result. Sometimes prospective employers will send you a letter informing you that your application was not approved. Some employers get pretty vague when it comes to disclosing reasons for not hiring an applicant. If you feel that the reason why you were not hired was because of your disability, you may go ahead and call them up to ask for the specific reason why your application was turned down.
What if you do get hired?
Employment disability discrimination also happens in the workplace. Remember, though, that if you do have a disability and need accommodation from your employer, you should discuss it with the management. This is because they are not allowed to ask about it or to offer it to you without you initiating it if they do not have any reason to believe that you have a disability. The rule of thumb among employers is that they can ask you about your abilities and not your disabilities.
Employment disability discrimination comes in many forms. If you feel you have been a victim of this type of discrimination and have already put considerable effort into correcting it without any fruitful result, contact an attorney to help you resolve the issue.
Our expert Los Angeles attorneys specialize in handling issues such as employment disability. To avail of our free case evaluation, you can visit our website at http://www.expertlosangelesattorney.com/ and consult with them.
Pao is an aspiring writer who writes technical as well as literary articles, among others. She is passionate about animal rights, photography, and literature. She hopes to someday be able to share her ideals to more people through her writings.
