Discrimination is an unfortunate reality that many disabled people all over the United States have to experience, especially in the workplace. But there are some safeguards in place to protect against discrimination. It is important for people with disabilities to be aware of them.
The primary legal safeguard that protects disabled people from discrimination in the workplace is the Americans with Disabilities Act (ADA). This act allows disabled people equal access to opportunities as their non-disabled counterparts. Here are nine important things to know when it comes to disability discrimination:
1. What constitutes a qualified worker?
2. Legally bound employers
3. Reasonable accommodations
4. Unlawful harassment
5. Permissible questions
6. Qualifying disabilities
7. Statute of limitations
8. Evidence of discrimination
9. Filing a complaint
Americans with Disabilities Act Overview
The Americans with Disabilities Act was enacted in 1990 and made it illegal to discriminate against disabled people in the workplace, schools, public transit, and any other public space. Title I of the Act seeks to ensure that people with disabilities have the same access to employment as those who do not have disabilities.
According to the law, employers are required to offer disabled workers reasonable accommodations so that they can do their jobs. A reasonable accommodation is defined by the Office of Personnel Management as:
- changes to a job, work setting, or the way things are typically handled
- changes must allow an individual with a disability to apply for a job, carry out duties at work, and enjoy equal opportunity for benefits accessible to other individuals in the workplace
Employment discrimination based on a person’s past or present disability or on the basis of their relationship or association with a disabled person may also be illegal.
Social Security Disability Insurance and ADA
The U.S. Supreme Court ruled in Cleveland vs. Policy Management Systems Corp. that the pursuit and receipt of social security disability insurance (SSDI) benefits does not automatically preclude the recipient from pursuing a claim of discrimination under the Americans with Disabilities Act. The court further decided that receipt of such benefits also does not create a strong presumption against a recipient’s success under the ADA. The court rejected those lower court opinions that had decided that a claim of total disability for SSDI benefits precluded a subsequent ADA claim that the person could perform his or her work with or without a reasonable accommodation.
9 Things to Know About Disability Discrimination
In this section, we will discuss the nine important things about disability discrimination that every disabled person must know.
1. What is a Qualified worker?
A qualified employee with a disability is one who, with or without reasonable accommodation, is able to carry out each of the essential functions of the job, as well as possesses the necessary knowledge, skills, education, and experience pertaining to that role.
2. Legally Bound Employers
If a private employer has more than 15 workers, then the company is required to comply with the Americans with Disabilities Act. Title II of the ADA, Title I of the ADA, and Section 504 of the Rehabilitation Act of 1973 all apply to public entities, whereas the RA of 1973 covers federal employees.
3. Reasonable Accommodations
If an employee has a disability, their company must make reasonable accommodations for them under the Americans with Disabilities Act, so long as doing so does not create “significant difficulty or expense for the employer.”
This means that if an employee has a disability that prevents them from performing their job duties, the employer must make reasonable accommodations at the workplace. According to the EEOC, this includes things like making the workplace accessible for those who use wheelchairs and providing a reader or interpreter for someone who is blind or has a hearing impairment.
4. Unlawful Harassment
It may not be illegal for an employer or coworker to “tease” or make informal comments of a lighthearted nature, but it may be illegal for them to make harassing remarks on a regular basis, especially if they lead to a hostile work environment. Harassment that ends in a negative employment decision is also possibly illegal.
5. Permissible Questions
Prior to extending a job offer, the employer may not inquire about the applicant’s health, including inquiries regarding their impairment or the nature of their condition. In addition, it is against the law for an employer to require an employee to submit to a medical examination.
Employers are allowed to make conditional job offers, but only if “all new employees in the same type of job are required to answer the questions or take the exam.”
6. Qualifying Disabilities
For an employee to be eligible for coverage under the law, the employee’s impairment must either completely prevent them from doing one or more major life activities or considerably reduce their ability to do so when compared to others.
The Americans with Disabilities Act protects people with any kind of disability, whether it’s physical, mental, temporary, or permanent. On the other hand, non-chronic and relatively minor conditions, like the flu or a broken limb, are typically not covered by this law.
7. Statute of Limitations
The statute of limitations ranges from 180 to 300 days, depending on the state. That’s how long you have to file a lawsuit after the last instance of discrimination occurs.
New Hampshire and Massachusetts both have 300-day statutes of limitations for filing claims based on disability discrimination laws. In states where there are no laws protecting people with disabilities from discrimination, the time limit is merely 180 days.
You should consult a lawyer as quickly as possible to learn about your rights and the potential success of your lawsuit in light of this statute.
8. Evidence of Discrimination
It is possible to use biased statements made repeatedly in the workplace as proof of discrimination.
However, the strongest evidence usually comes from demonstrating that your treatment was inconsistent with that of other employees in a similar position and under similar conditions. You also have solid evidence of discrimination if you can establish that disabled workers as a group are being wrongfully treated.
9. Filing a Complaint
In the event that you feel you have been subjected to discrimination because of your disability, you should follow these next steps:
Internal Complaint
If your employer has a discrimination policy, you can file a complaint within that framework. If you decide to sue your employer later, you’ll have evidence that they ignored your concern despite having filed an internal complaint first.
EEOC Complaint
Get in touch with the Equal Employment Opportunity Commission (EEOC) and file a discrimination complaint. The Equal Employment Opportunity Commission is the next step if your internal complaint does not resolve the issue.
Start Legal Action
If you don’t already have legal representation, you should get it immediately. The law is complex, and the time limit for initiating a lawsuit after filing the EEOC’s complaint is short.
Conclusion
Knowing more about your rights and what to do in cases of disability discrimination can protect disabled people in the workplace.
