In the modern workplace, fostering an inclusive environment that accommodates individuals with disabilities is not only a legal requirement but also a moral imperative. The American Disabilities Act (ADA) is a crucial piece of legislation that protects the rights of employees with disabilities, ensuring they have equal opportunities and fair treatment in the workplace. In this blog, we will explore key aspects of the ADA that every employee should understand and what steps to take if they believe they have faced discrimination based on their disability.

Understanding the American Disabilities Act

The ADA is a federal law that prohibits discrimination against individuals with disabilities in various aspects of life, including employment. It covers private employers with 15 or more employees, state and local governments, employment agencies, and labor unions.  (State and local laws in your area may cover employers that are not covered under the ADA.) The ADA ensures that qualified individuals with disabilities have equal access to employment opportunities and reasonable accommodations to perform their job duties.

Who is Protected by the ADA?

The ADA defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is perceived as having such an impairment. This broad definition encompasses a wide range of conditions, from physical disabilities to mental health disorders, and includes both visible and invisible disabilities. Even if you do not consider yourself disabled, or even if your disability isn’t permanent, you may be protected.

Know Your Rights as an Employee

Employees with disabilities have several rights under the ADA, including:

  • Equal Employment Opportunity: Employers cannot discriminate against qualified individuals with disabilities in hiring, firing, promotions, pay, and other employment-related matters.
  • Reasonable Accommodations: Employers must provide reasonable accommodations to enable employees with disabilities to perform their job duties, unless doing so would create undue hardship for the employer.
  • Job Application Process: Employers are prohibited from asking disability-related questions during the job application process.
  • Medical Privacy: Employers must keep medical records of employees with disabilities confidential and separate from other personnel records.

Requesting Reasonable Accommodations

If an employee with a disability requires assistance to perform their job, they have the right to request reasonable accommodations from their employer. Reasonable accommodations may include adjustments to work schedules, modifying workspaces, providing assistive technology, or making changes to job tasks. It is essential for employees to communicate their needs effectively and formally request accommodations in writing, explaining how the accommodation would enable them to fulfill their job responsibilities. Employees must be able to perform the essential functions of their position once the accommodation is provided.  Additionally, accommodations must be reasonable, meaning that employers are not required to provide an accommodation that would be a hardship on the employer.

Addressing Discrimination Concerns

If an employee believes they have experienced discrimination based on their disability, they should take the following steps:

  • Document the Incident: Keep a detailed record of any discriminatory incidents, noting the date, time, location, individuals involved, and a description of what occurred.
  • Report the Incident: Employees should report the discrimination to their supervisor, human resources department, or another appropriate authority within the organization. Many employers have internal grievance procedures to address such concerns.
  • Ideally, employees should make the report in writing.
  • Know Your Rights: Familiarize yourself with the company’s policies and the ADA guidelines to assert your rights effectively.

If you feel your rights under the ADA have been violated, it’s best to speak with an experienced employment law attorney… Contact Greene & Hafer today to schedule a confidential consultation.