In today’s society, it is crucial to ensure equal opportunities for individuals with disabilities in the workplace. Disability discrimination occurs when an employer or any entity covered by the Americans with Disabilities Act (ADA) treats a qualified employee or applicant unfavorably due to their disability. The ADA, along with the Rehabilitation Act, protects employees from discrimination in various aspects of employment, including hiring, firing, pay, promotions, and more. This comprehensive guide aims to provide an in-depth understanding of disability discrimination in employment, the definition of disability, reasonable accommodation, confidentiality, harassment, retaliation, and available resources.
Definition of Disability
The ADA defines disability broadly, favoring extensive coverage. To be considered disabled under the law, an individual must meet one of the following conditions:
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Have a physical or mental condition that substantially limits a major life activity, such as walking, talking, seeing, hearing, or learning.
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Have a history of a disability.
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Be subject to an adverse employment action due to a physical or mental impairment the individual has or is perceived to have.
It’s important to note that a medical condition does not have to be long-term, permanent, or severe to be considered substantially limiting. The impact of symptoms during active periods is what matters.
Reasonable Accommodation and Undue Hardship
When job applicants or employees request job modifications, the disability laws require employers to provide reasonable accommodations, unless doing so would cause undue hardship. Reasonable accommodations are changes to the way things are usually done and can help individuals with disabilities apply for a job, perform job duties, or enjoy employment benefits. Examples of reasonable accommodations include making the workplace accessible, providing readers or interpreters, granting schedule changes, and allowing telework or leave for disability-related treatment.
Undue hardship refers to circumstances where providing an accommodation would be too difficult or expensive for the employer, considering their size, financial resources, and business needs. However, the employer cannot refuse to provide an accommodation solely based on cost. It’s important to note that employers have the discretion to choose the most effective reasonable accommodation among multiple options.
Disability-Related Questions, Medical Exams, and Confidentiality
Employers have limitations when asking disability-related questions, conducting medical exams, or requiring individuals to identify their disabilities. Information about employees’ disabilities must be treated as confidential.
During the Employment Application & Interview Stage
Before extending a job offer, an employer is prohibited from asking job applicants disability-related questions or requiring them to undergo medical exams. However, they can inquire about an applicant’s ability to perform the job and how they would do so, with or without reasonable accommodations.
After a Job Offer
Once a job offer is made, an employer may condition it on the applicant answering disability-related questions or undergoing a medical exam. However, this requirement must apply to all applicants in the same job category. The job offer can only be revoked if the information reveals that the individual cannot safely perform the job, even with reasonable accommodation.
After Employment Starts
Once an employee is hired and has started working, an employer can generally only ask disability-related questions or require a medical exam if it is necessary to support an accommodation request or if there is objective evidence that the employee cannot perform their job due to a medical condition.
Confidentiality
Employers are also required by law to keep all medical records and information confidential, storing them separately from other personnel files.
Harassment
Harassment based on an individual’s disability, perceived disability, or association with a person with a disability is illegal. Harassment can include offensive remarks about a person’s disability. It becomes unlawful when it creates a hostile or offensive work environment or leads to adverse employment decisions, such as termination or demotion. Harassment can be committed by supervisors, coworkers, or even individuals outside the organization, such as clients or customers.
Retaliation and Interference
Job applicants, current employees, and former employees are protected from retaliation for asserting their rights under the ADA and other equal employment opportunity laws. Employers cannot intimidate, threaten, or interfere with an individual’s exercise of ADA rights. This includes discouraging individuals from requesting reasonable accommodations or pressuring them not to file disability discrimination complaints. Witnesses who provide support to affected individuals are also protected.
Association
The law also protects individuals from discrimination based on their relationship with a person with a disability, even if they do not have a disability themselves. For example, it is illegal to discriminate against an employee because their spouse has a disability. While the federal anti-discrimination laws do not explicitly require employers to provide reasonable accommodations for employees caring for family members with disabilities, the Family and Medical Leave Act (FMLA) may impose such obligations.
Conclusion
Promoting equal opportunities and preventing disability discrimination in the workplace is crucial for building an inclusive society. Employers must be aware of their obligations under the ADA and Rehabilitation Act to provide reasonable accommodations and protect individuals from harassment, retaliation, and interference. By fostering an environment that values diversity and inclusivity, employers can create a positive and productive workforce that benefits everyone involved.