Employment Law FAQS

Are there certain questions that an employer may not ask during a job interview? When may an employee be entitled to medical leave from work? How can an employee secure a reasonable accommodation for his or her disability by an employer? How may an employer monitor employees in the workplace? When is harassment illegal? May an employer or supervisor play favorites among employees? What is considered working time under the wage and hour laws? Is an employer limited in its ability to fire an employee? May an employer fire an employee and then ask the employee to sign a waiver of claims or severance agreement? What may an employer say about why an employee left or was fired? Learn More: Employment Law

What laws protect disabled workers from workplace discrimination?

What laws protect disabled workers from workplace discrimination?

The Americans With Disabilities Act (ADA) prohibits employment discrimination on the basis of workers' disabilities. Generally, the ADA prohibits employers from:

• discriminating on the basis of virtually any physical or mental disability
• asking job applicants questions about their past or current medical conditions
• requiring job applicants to take medical exams, and
• creating or maintaining worksites that include substantial physical barriers to the movement of people with physical disabilities.

The ADA covers companies with 15 or more employees. Its coverage broadly extends to private employers, employment agencies and labor organizations. However, it does not protect state government workers.

In addition, many state laws protect against discrimination based on physical or mental disability.

Exactly whom does the ADA protect?

The ADA's protections extend to disabled workers -- regardless of whether they work parttime, fulltime, or have not yet become permanent employees. To be considered disabled and therefore protected by the ADA, the worker must:

• have a physical or mental impairment that substantially limits a major life activity
• have a record of impairment, or
• be regarded as having an impairment.

An impairment includes physical disorders, such as cosmetic disfigurement or loss of a limb, as well as mental and psychological disorders.

The ADA protects job applicants and employees who, although disabled as defined above, are still qualified for a particular job. In other words, they would be able to perform the essential functions of a job with some form of accommodation, such as wheelchair access, a voice-activated computer or a customized workspace. As with other workers, whether a disabled worker is deemed qualified for a given job depends on whether he or she has appropriate skill, experience, training or education for the position.

How do I take action under the ADA?

The ADA mandates that you notify your employer that you need an accommodation for a medical condition. You don't have to do this in writing, nor do you need to use any fancy legal terms. Just telling your employer what you need is enough.

The ADA also requires you to work with your employer in finding an accommodation that is suitable to both of you. If, after notifying and working with your employer, you still cannot get a reasonable accommodation, you can seek assistance from the Equal Employment Opportunity Commission (EEOC), which enforces the ADA. To start an investigation of your claim, file a complaint at the local EEOC office. Call 800-669-4000 to find the office nearest you or refer to the EEOC's website at http://www.eeoc.gov/offices.html.

If you live in a state with laws that protect workers against discrimination based on physical or mental disability, you can choose to file a complaint under your state's law, the ADA or both.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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