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HR Hot Topics |
Disability Discrimination
Title I of the Americans with Disabilities Act prohibits discrimination against people with disabilities who are qualified for a job. The Act covers all private employers, state and local governments, and educational institutions that employ 15 or more individuals. Basically, the ADA was enacted to give people with disabilities a level playing field in the areas of employment and public accommodations. For employers, that means you can't take an applicant's disabilities into account when deciding whether to hire him, and you may have to help him do his job once he is on board. Related articles on Disability Discrimination The ADA was enacted to protect disabled people against discrimination in a variety of areas, including employment. Employers subject to Title I of the ADA may not discriminate against qualified individuals with disabilities either in the hiring process or in other areas of employment. The ADA also imposes a requirement on the employer to provide a “reasonable accommodation” for the known disabilities of applicants and employees, as long as that accommodation does not cause an undue hardship to your business. Definition of disabilityThe ADA’s definition of disability encompasses a wide range of physical and mental impairments, and a disabled individual is deemed "qualified" if he can perform the essential functions of the job with or without a reasonable accommodation. Accommodations for employees and applicants with disabilitiesYou are required to make reasonable accommodations for all qualified individuals with a disability unless doing so would cause you an undue hardship. Because the standard is high, most employers will have trouble proving that an accommodation causes such a hardship. You should note that granting extended leave to an employee is considered a form of reasonable accommodation. Thus, even if the employee has used up his sick leave, Family and Medical Leave Act (FMLA) leave, and vacation leave, you still may need to grant additional leave for employees with disabilities. What happens when an employee files a disability discrimination charge with the EEOC?As with Title VII of the Civil Rights Act of 1964, an employee first must file a charge with the Equal Employment Opportunity Commission (EEOC) before filing a complaint alleging an ADA violation against his employer. Employees (or the EEOC) can sue for lost wages, benefits, reinstatement, and attorneys' fees. An employer may be liable for capped compensatory damages as well as punitive damages if the court finds intentional discrimination. Related articles on Disability Discrimination from the State Employment Law Letters
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