Civil Rights Information Center
Employment Discrimination on the Basis of Disability
It is a strongly held belief in the US that people with disabilities should be afforded the same opportunities as everyone else. The Americans with Disabilities Act (ADA) and the Rehabilitation Act provide the disabled with protection against employment discrimination in both the private and public sectors. If you or a loved one has suffered discrimination because of a disability, contact an attorney from Law Offices of John L. Burris in Oakland, California, for help.
Employers Subject to the ADA and the Rehabilitation Act
Federal disability discrimination laws affect private employers with more than 15 employees, the federal government, state and local governments, most federal contractors and entities that receive financial assistance from the federal government.
Federal Law Prohibitions against Disability Discrimination
Under federal law, most employers are prohibited from discriminating against a disabled individual who is otherwise qualified for the job with regard to:
- Job application procedures
- Hiring
- Advancement/promotion
- Job training
- Compensation/pay
- Firing/discharge
- Other terms, conditions and privileges of employment
Disability
In order to qualify for the protection against employment discrimination provided by the ADA and the Rehabilitation Act, a person must be "disabled" as defined by these acts. A person with a disability is one who:
- Has a physical or mental impairment that substantially limits one or more major life activities;
- Has a record of having a physical or mental impairment that substantially limits one or more major life activities; or
- Is regarded as having a physical or mental impairment that substantially limits one or more major life activities
Major life activities include breathing, walking, thinking, performing manual tasks, hearing, seeing and speaking. Each disability discrimination case undergoes an individual analysis; a condition that constitutes a disability for one person may not constitute a disability for another. For example, one individual with severe multiple sclerosis may be able to demonstrate that the disease has substantially limited a major life activity (such as walking), while another person with relatively mild multiple sclerosis may be unable to make the same showing.
Qualified Individual
To obtain protection under the ADA and the Rehabilitation Act, a person must be both disabled and able to perform the essential functions of the job, with or without reasonable accommodation. The essential functions of a job are commonly found in job postings, which detail the required duties, education, experience and skill. Defining the essential functions of the job is often the most contested issue in disability discrimination cases.
Reasonable Accommodations
A qualified disabled individual is entitled to reasonable accommodations, if such accommodations will allow the disabled person to perform the essential functions of the job — and they do not impose an undue burden on the employer. Employers subject to the ADA and Rehabilitation Act may be legally obligated to provide a qualified individual who has a disability with:
- A modified work schedule
- Modified equipment
- Additional training
- A sign language interpreter
- Improved access to facilities
These are general examples, but disability discrimination cases are decided on an individual basis. A disability discrimination lawyer will analyze your unique situation and help you understand your rights under the law.
Contact an Attorney
Disability discrimination law involves complex legal issues and procedural requirements. Please contact an experienced lawyer from Law Offices of John L. Burris in Oakland, California, as soon as possible to protect your rights and interests under the law.
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