The Americans with Disabilities Act ("ADA") prohibits discrimination against qualified individuals with disabilities in hiring, advancements, compensation, and all other conditions and privileges of employment. To be a "qualified individual" within the meaning of the statute, you must be able to perform all of the essential duties of the position with or without reasonable accommodations.
Your employer has a duty to provide a reasonable accommodation where that accommodation doesn't pose an undue hardship on the business. Accommodations can include schedule changes, modifying equipment, changing physical spaces, and restructuring the job.
Disability discrimination can come in many forms. Here are some examples:
- Asking questions on an application or during the interview process about medical conditions or disabilities;
- Harassing an employee on the basis of a disability;
- Refusing to provide a reasonable accommodation that would allow an employee to perform his or her job;
- Disparate treatment on the basis of an employee's disability.
The ADA applies to employers with 15 or more employees. If you've been a victim of disability discrimination, contact us to discuss your options.