Means People Can Ask the Government to Correct a Wrongful Situation.

Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Human action, as amended, treats a qualified individual who is an employee or applicant unfavorably considering he or she has a disability.

Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because he or she has a history of a disability (such as a past major depressive episode) or because he or she is believed to take a concrete or mental harm that is non transitory (lasting or expected to terminal half-dozen months or less) and small (even if he or she does non have such an impairment).

The law requires an employer to provide reasonable adaptation to an employee or chore applicant with a disability, unless doing so would cause meaning difficulty or expense for the employer ("undue hardship").

The law likewise protects people from discrimination based on their relationship with a person with a disability (even if they practice non themselves accept a disability). For example, information technology is illegal to discriminate against an employee considering her husband has a disability.

Note: Federal employees and applicants are covered by the Rehabilitation Act of 1973, instead of the Americans with Disabilities Human action. The protections are the same.

Disability Discrimination & Work Situations

The law forbids discrimination when it comes to whatever aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Inability Discrimination & Harassment

Information technology is illegal to harass an applicant or employee because he or she has a disability, had a disability in the past, or is believed to accept a physical or mental impairment that is non transitory (lasting or expected to last vi months or less) and minor (fifty-fifty if he or she does non take such an damage).

Harassment can include, for example, offensive remarks well-nigh a person'due south 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 piece of 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'due south supervisor, a supervisor in some other area, a co-worker, or someone who is not an employee of the employer, such equally a customer or customer.

Disability Discrimination & Reasonable Adaptation

The law requires an employer to provide reasonable accommodations to employees and job applicants 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 manner 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 because he or she must intendance for a family fellow member with a disability, 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: one-866-487-9243.

Disability Discrimination & Reasonable Adaptation & Undue Hardship

An employer doesn't have to provide an accommodation if doing and so would cause undue hardship to the employer.

Undue hardship means that the accommodation would be too difficult or too expensive to provide, in low-cal of the employer's size, financial resources, and the needs of the business. An employer may not pass up to provide an accommodation simply because it involves some cost. An employer does not accept to provide the exact accommodation the employee or job applicant wants. If more than one accommodation works, the employer may choose which i to provide.

Definition Of Disability

Not everyone with a medical condition is protected from discrimination. In order to be protected, a person must be qualified for the job and have a disability as divers by the law.

A person can show that he or she has a disability in one of 3 means:

• A person has a disability if he or she has a physical or mental status that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning, or operation of a major actual office).
• A person has a disability if he or she has a history of a disability (such equally cancer that is in remission).
• A person has a inability if he or she is subject to an adverse employment action and is believed to have a physical or mental impairment that is not transitory (lasting or expected to concluding six months or less) and small-scale (even if he or she does not have such an harm).

Inability-Related Questions & Medical Exams During Employment Application & Interview Stage

The police places strict limits on employers when it comes to asking any chore applicants to answer disability-related questions, take a medical exam, or place a inability.

For example, an employer may not ask a chore bidder to reply disability-related questions or take a medical test earlier extending a task offer. An employer besides may non ask chore applicants if they have a disability (or about the nature of an obvious disability). An employer may inquire job applicants whether they tin can perform the job and how they would perform the job, with or without a reasonable adaptation.

Inability-Related Questions & Medical Exams After A Job Offer For Employment

Subsequently a job is offered to an applicant, the police force allows an employer to condition the job offer on the applicant answering sure disability-related questions or successfully passing a medical exam, but only if all new employees in the same blazon of job have to respond the questions or accept the examination.

Inability-Related Questions & Medical Exams For Persons Who Accept Started Working As Employees

Once any employee is hired and has started piece of work, an employer more often than not tin merely ask disability-related questions or crave 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 go along all medical records and data confidential and in separate medical files.

Available Resource

In addition to a multifariousness of formal guidance documents, EEOC has adult a wide range of fact sheets, question & answer documents, and other publications to help employees and employers understand the circuitous issues surrounding inability discrimination.

Veterans with Disabilities

• EEOC Efforts for Veterans with Disabilities
• Understanding Your Employment Rights Under the Americans with Disabilities Act: A Guide for Veterans
• Veterans and the Americans with Disabilities Act: A Guide for Employers
• Hiring Veterans with Disabilities in the Federal Government
  • Tips for Applicants with Disabilities Applying for Federal Jobs
  • The ABCs of Schedule A

The Questions and Answers Series

• Use of Codeine, Oxycodone, and Other Opioids: Data for Employees
• How Health Care Providers Can Help Current and Sometime Patients Who Have Used Opioids Stay Employed
• EEO Laws for Employees Affected past the Zika Virus
• Wellness Intendance Workers and the Americans with Disabilities Act
• Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
• Blindness and Vision Impairments in the Workplace and the ADA
• The Americans with Disabilities Act's Association Provision
• Diabetes in the Workplace and the ADA
• Epilepsy in the Workplace and the ADA
• Persons with Intellectual Disabilities in the Workplace and the ADA
• Cancer in the Workplace and the ADA
• The Awarding of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking
• Living with HIV Infection Your Legal Rights in the Workplace Under the ADA
• Helping Patients with HIV Infection Who Need Accommodations at Piece of work

Mediation and the ADA

• Questions and Answers for Mediation Providers: Arbitration and the Americans with Disabilities Act (ADA)
• Questions and Answers for Parties to Mediation: Mediation and the Americans with Disabilities Act (ADA)

Employer Coverage

15 or more employees

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Source: https://www.eeoc.gov/disability-discrimination