Disabled people have a right to work and federal law protects them from discrimination. In this lesson, you’ll learn about disability discrimination and relevant laws that make it illegal.
A short quiz follows the lesson.
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Disability Discrimination Defined
According to the U.S. Equal Employment Opportunity Commission, or EEOC for short, disability discrimination occurs when an employer treats a qualified job applicant or employee unfavorably because of a disability, or a history of a disability, or because the applicant or employee is perceived to have a physical or mental impairment that is not transitory (lasting less than six months) and minor.
Disability Laws
There are two primary federal laws that prevent disability discrimination in the workplace: the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. The Rehabilitation Act applies to federal employees. According to the EEOC, the protections afforded to individuals under the Rehabilitation Act of 1973 are basically the same as those provided under the ADA. Since more people are covered under the ADA, we’ll focus on it.The Americans with Disabilities Act is the federal law that applies to private sector employers, state and local governments, employment agencies and unions. It prohibits discrimination against people who qualify for protection under the ADA regarding employment actions including hiring, firing, promotion, pay, training and ‘other terms, conditions and privileges of employment.’ If an employer employs 15 or more people, the employer is subject to the ADA.
You must meet the criteria of disability as outlined in the ADA to be protected by it. Just because you’re disabled for purposes of short-term disability or social security doesn’t necessarily mean you’re disabled for the purposes of the ADA. A person is disabled under the ADA if the person has a mental or physical impairment that substantially limits one or more major activities of life, has a record of such an impairment or is perceived as having such an impairment.A qualified employee or applicant is someone with a disability who can perform the essential functions of the job either with or without a reasonable accommodation. A reasonable accommodation is a change in a disabled person’s work environment that enables him to perform the essential functions of his job or apply for a job. Examples of reasonable accommodations include making the workplace handicap accessible; modifying equipment, such as providing a larger computer monitor for a vision-impaired employee; or providing a large-print version of an employment test.
An employer is generally required to make a reasonable accommodation unless it will impose an undue hardship on the employer. According to the EEOC, an undue hardship ‘is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources and nature and structure of its operation.’ More is probably expected from a Fortune 500 company than a local small business that employs the bare minimum to fall under the ADA.
In any event, an employer is not required to adjust the level of quality or efficiency to make an accommodation. Moreover, an employer doesn’t normally have to provide a reasonable accommodation unless a disabled person actually requests one.
Examples of Discrimination
Let’s look at some examples of discrimination. We’ll assume that the individual is disabled within the meaning of the ADA and that the employer is subject to it. An employer might:
- Refuse to hire an otherwise qualified individual because of a disability
- Fire a recently disabled employee who can still perform the essential functions of the job with reasonable accommodation
- Refuse to provide a reasonable accommodation to a disabled employee upon request
- Refuse to provide a reasonable accommodation to an applicant regarding testing
- Fail to promote a disabled employee based on a disability
- Pay a disabled individual a lower wage because of the disability
- Provide a lower level of benefits to a disabled person because of the disability
Filing a Charge of Discrimination
The EEOC enforces the ADA.
Employees and applicants must follow a specific procedure to enforce their rights under the ADA. First, you must file a charge of discrimination with the EEOC before you can file a lawsuit in court. You have 180 days from the time of the discrimination in which to file a charge with the EEOC, unless a state or local government agency enforces a law that prohibits discrimination on the same basis, in which case the deadline is extended to 300 days.After the charge is filed, the EEOC will start an investigation. It will notify the employer of your charge and request a written response.
The EEOC also might pose questions to the employer, request documents and interview people. If the investigation results in a determination of no discrimination, you will receive a Notice-of-Right-to-Sue, which gives you permission to file a lawsuit against an employer. If there is a determination of discrimination, the EEOC will try to reach a settlement with the employer. If that doesn’t work, the EEOC might decide to file a lawsuit. If it decides not to file a lawsuit, it will give you a Notice-of-Right-to-Sue.
Lesson Summary
The Americans with Disabilities Act prohibits employers from discriminating against job applicants and employees based upon a real or perceived disability. The ADA applies to private employers that employ at least 15 people, state and local governments, employment agencies and labor unions.
While the ADA does not apply to federal employees, the Rehabilitation Act of 1973 does, and it provides mostly the same protections as the ADA. Employers must provide a disabled individual reasonable accommodations upon request so long as it does not impose an undue hardship on the employer.If an individual believes that she is a victim of disability discrimination outlawed by the ADA, she must file a charge with the Equal Employment Opportunity Commission. The EEOC will review the charge, seek a response from the employer and conduct an investigation. If the EEOC doesn’t find discrimination, it will give the complaining party permission to sue in court. If discrimination is found, the EEOC will attempt to settle the issue.
If settlement cannot be reached, the EEOC will either file a lawsuit against the employer or give the victim permission to file a lawsuit.
