Disability discrimination occurs when an employer or
other entity covered by the Americans with Disabilities
Act, as amended, or the Rehabilitation Act, as amended,
treats a qualified individual with a disability who is
an employee or applicant unfavorably because she has a
disability.
Disability discrimination also occurs when a
covered employer or other entity treats an applicant
or employee less favorably because she has a history of
a disability (such as cancer that is controlled or in
remission) or because she is believed to have a physical
or mental impairment that is not transitory (lasting or
expected to last six months or less) and minor (even if
she does not have such an impairment).
The law requires an employer to provide reasonable
accommodation to an employee or job applicant with a
disability, unless doing so would cause significant
difficulty or expense for the employer (“undue
hardship”).
The law also protects people from discrimination
based on their relationship with a person with a
disability (even if they do not themselves have a
disability). For example, it is illegal to discriminate
against an employee because her husband has a
disability.
Note: Federal employees and applicants are
covered by the Rehabilitation Act of 1973, instead of
the Americans with Disabilities Act. The protections are
mostly the same.
The law forbids discrimination when it comes to any
aspect of employment, including hiring, firing, pay, job
assignments, promotions, layoff, training, fringe
benefits, and any other term or condition of employment.
It is illegal to harass an applicant or employee
because he has a disability, had a disability in the
past, or is believed to have a physical or mental
impairment that is not transitory (lasting or expected
to last six months or less) and minor (even if he does
not have such an impairment).
Harassment can include, for example, offensive
remarks about a person’s disability. Although the law
doesn’t prohibit simple teasing, offhand comments, or
isolated incidents that aren’t very serious, harassment
is illegal when it is so frequent or severe that it
creates a hostile or offensive work environment or when
it results in an adverse employment decision (such as
the victim being fired or demoted).
The harasser can be the victim’s supervisor, a
supervisor in another area, a co-worker, or someone who
is not an employee of the employer, such as a client or
customer.
The law requires an employer to provide reasonable
accommodation to an employee or job applicant with a
disability, unless doing so would cause significant
difficulty or expense for the employer.
A reasonable accommodation is any change in the work
environment (or in the way things are usually done) to
help a person with a disability apply for a job, perform
the duties of a job, or enjoy the benefits and
privileges of employment.
Reasonable accommodation might include, for example,
making the workplace accessible for wheelchair users or
providing a reader or interpreter for someone who is
blind or hearing impaired.
While the federal anti-discrimination laws don’t
require an employer to accommodate an employee who must
care for a disabled family member, the Family and
Medical Leave Act (FMLA) may require an employer to take
such steps. The Department of Labor enforces the FMLA.
For more information, call: 1-866-487-9243.
An employer doesn’t have to provide an accommodation
if doing so would cause undue hardship to the employer.
Undue hardship means that the accommodation would be
too difficult or too expensive to provide, in light of
the employer’s size, financial resources, and the needs
of the business. An employer may not refuse to provide
an accommodation just because it involves some cost. An
employer does not have to provide the exact
accommodation the employee or job applicant wants. If
more than one accommodation works, the employer may
choose which one to provide.
Not everyone with a medical condition is protected by
the law. In order to be protected, a person must be
qualified for the job and have a disability as defined
by the law.
A person can show that he or she has a disability in
one of three ways:
The law places strict limits on employers when it
comes to asking job applicants to answer medical
questions, take a medical exam, or identify a
disability.
For example, an employer may not ask a job applicant
to answer medical questions or take a medical exam
before extending a job offer. An employer also may not
ask job applicants if they have a disability (or about
the nature of an obvious disability). An employer may
ask job applicants whether they can perform the job and
how they would perform the job, with or without a
reasonable accommodation.
After a job is offered to an applicant, the law
allows an employer to condition the job offer on the
applicant answering certain medical questions or
successfully passing a medical exam, but only if all new
employees in the same type of job have to answer the
questions or take the exam.
Once a person is hired and has started work, an
employer generally can only ask medical questions or
require a medical exam if the employer needs medical
documentation to support an employee’s request for an
accommodation or if the employer believes that an
employee is not able to perform a job successfully or
safely because of a medical condition.
The law also requires that employers keep all medical
records and information confidential and in separate
medical files.
In addition to a variety of
formal guidance documents, EEOC has developed a wide
range of fact sheets, question & answer documents, and
other publications to help employees and employers
understand the complex issues surrounding disability
discrimination.
NEW 5/1/13 -
The Mental Health Provider’s Role in a Client’s
Request for a Reasonable Accommodation at Work
Understanding Your Employment Rights Under the
ADA: A Guide for Veterans
The Family and Medical Leave Act, the ADA, and
Title VII of the Civil Rights Act of 1964
Applying Performance And Conduct Standards To
Employees With Disabilities
Obtaining and Using Employee Medical Information
as Part of Emergency Evacuation Procedures
Pandemic Preparedness in the Workplace and the
Americans with Disabilities Act
Employer Best Practices for Workers with
Caregiving Responsibilities
Final Report on Best Practices For the
Employment of People with Disabilities In State
Government
Questions and Answers on the Final Rule
Implementing the ADA Amendments Act of 2008
Fact Sheet on the EEOC’s Final Regulations
Implementing the ADAAA
Deafness and Hearing Impairments in the
Workplace and the Americans with Disabilities
Act
Blindness and Vision Impairments in the
Workplace and the ADA
Persons with Intellectual Disabilities in the
Workplace and the ADA