Disability and the Americans with Disabilities Act (ADA)
On a federal level, the rights of disabled individuals are protected by several government regulations and agencies. For example, disability discrimination in the workplace is covered by the Americans with Disabilities Act (ADA). According to the ADA and the U.S. Equal Employment Opportunity Commission, employers with 15 or more employees cannot discriminate against qualified individuals with disabilities.
Disability discrimination is a sensitive issue that should be taken seriously by employers. Disability rights laws are extensive and require the utmost diligence to ensure they are followed. This is one of many reasons that the services of an employee leasing service are valuable. Call PEP with your questions at 1-800-650-3002.
What is a disability? A person with a disability is someone who has an impairment—physical or mental—that limits one or more major life activities. As long as the disabled employee or applicant can perform the essential functions of the job, that person would be considered qualified for the position and protected by the ADA. In most cases, an employer is required to make reasonable accommodations for known disabilities.
If you are an employer, it’s important to understand the ADA when you are hiring new employees. For example, you cannot ask job applicants about their disability. You can, however, ask applicants about their ability to perform specific job functions.
Once employees are hired, they are still protected by the ADA. You must make sure your disabled workers are given equal treatment in situations like promotions, pay raises, training, and additional benefits of employment that are offered to all other employees.
The EEOC says it received almost 15,000 charges of disability discrimination in 2005 and recovered more than $44 million in monetary benefits during that year.
