The first thing everyone should be aware of is that any employer who is covered by the Americans with Disabilities Act (or the Rehabilitation Act for federal employees) who discriminates against someone based on a physical or mental disability is breaking the law. Disability discrimination occurs when an employer treats a qualified disabled person in an unfavorable way due to a current disability or a history of a disability, such as someone who once had an illness but who now has it under control or is in remission.

Of course, knowing whether a disability qualifies as covered is determined on a case-by-case basis and will be based on several factors having to do with the effect of the impairment on a person’s life and the limits placed on basic life activities, such as walking, talking, hearing, seeing or learning, and whether or not the condition is considered permanent. Even if you are classified as disabled for one purpose, that doesn’t mean you’re considered disabled for other purposes and eligible for protection from discrimination. Also, for the law to apply, the person must actually be qualified for the job; if the job requires a certain level of dexterity and the disability prevents that, no one is required to hire them.

Disability discrimination law applies at every phase of the employment process, including hiring and firing, layoffs, training, pay and benefits, as well as job assignments and promotions. The law even applies during the application and interview stages of the employment process. Employers are basically prohibited from asking medical questions during an interview, including asking candidates to identify a disability, or demanding a medical exam, unless it’s pertinent to the job and is expected of all applicants equally.

According to the law, an employer is required to provide reasonable accommodation to a job applicant or employer with a disability, unless doing so would create an “undue hardship,” meaning it would be extremely difficult or expensive for the employer to do so. Among the factors that are taken into account when deciding that an accommodation would cause undue hardship include:

Keep in mind, the burden is on the employer to prove undue hardship and it’s not always easy. There are often other sources for funds to make accommodations, in the form of tax credits or grants for vocational rehabilitation. In some cases, the disabled employee may want to pay for all or some of the costs, as well, although they cannot be required to do so.

If you believe an employer has discriminated against you for a physical or mental disability, there are several things to consider. For one thing, you have to be considered an employee who is covered by the law and your employer has to be covered by the law, as well. In addition, your employer’s conduct has to be considered discriminatory under the law and you have to be able to show the reason your employer discriminated against you. To do all of that, you should consult with an experienced and knowledgeable Disability Discrimination Attorney , who can listen to you and review the facts, then determine if you have a case.

References:

EEOC: Disability Discrimination 

WorkplaceFairness: Disability Discrimination

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