Many Americans suffer from a disability that prevents them from working. Many times these impairments are so severe that Social Security disability benefits are awarded, but many other times even people with disabilities can maintain employment as long as “reasonable” accommodations are provided. Applicants who are qualified for a position cannot be discriminated against because of a disability. Employers must provide “reasonable” accommodations under the Americans with Disabilities Act (ADA).
These protections apply to all types of employers, whether they are public or private employers.
The ADA defines a disability as “a physical or mental impairment that substantially limits a major life activity.” The law also protects employees if they have a history of a disability, or if an employer believes that the employee has a disability, even if they don’t.
Employers are supposed to make “reasonable” accommodations for disabled applicants and employees, but what consists of “reasonable” accommodations?
The Equal Employment Opportunity Commission (EEOC) states that a “reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges or employment equal to those enjoyed by employees without disabilities.”
Unfortunately, even with the ADA discrimination against the disabled still occurs in the work environment. Anyone who believes they are a victim of discrimination based on a disability should contact the EEOC. Typically, a discrimination claim must be filed within 180 days of an alleged incident. If it is found that a person with a disability was discriminated against in the workplace, they are entitled to relief. They may be entitled to hiring, promotion, reinstatement, back pay, or reasonable accommodation, which may include reinstatement. For more information call 800-669-4000 or visit the EEOC online at www.eeoc.gov.
