| Employment & Labor Law |
| Discrimination |
| Rights: Americans Disabilities Act |
| Employment Contracts |
| Family & Medical Leave |
| Human Resources |
| OSHA |
| Sexual Harassment |
| Wage and Hour Law |
| Wrongful Termination |
Rights – Americans Disabilities Act
The American Disabilities Act, or ADA, explicitly bans employment discrimination based on the worker's physical or mental disabilities. The Act's general purposes are to make sure that there is equal opportunity, unimpeded participation, economic self-sufficiency, and means for independent living for disabled persons, and to eradicate discrimination against them, while at the same time defining the role of the federal government, as well as providing the mechanisms for it to enforce the law.
As a general rule, employers are prohibited from discriminating employees based on their physical or mental disability, or requiring applicants for the job to provide information as regards their past and/or current medical conditions and requiring applicants to undergo pre-employment medical exams. It is also prohibited to construct or maintain worksites that bar or inhibit the physical movement of physically handicapped persons.
To Whom the Act Is Applicable
The ADA primarily applies to people who meet the law's definition of disabled. There are three tests that an individual must meet to be considered as disabled under the law. You must:
(1) be impaired to a substantial degree in the performance of a major life activity,
(2) be able to show a record of such impairment, or
(3) be generally regarded as being so impaired.
Employers Covered by ADA
Employers with at least 15 employees are covered by the ADA. Employers can be state and local governments, private companies, labor organizations and employment agencies. If you are a state worker, you cannot sue the state on your behalf although you are covered by the Act. You must, however, depend on the EEOC to enforce your rights.
The Act provides guarantees to workers who are qualified for a job, albeit they may have some disabilities. Qualified, in this sense, means they can perform the functions required by the job because they possess the skill and required experience, the necessary training, and/or the education. Some form of accommodation may or may not be necessary to carry out the essential functions.