Disabilities in the Workplace: Your Employment Rights
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Disabilities in the Workplace: Your Employment Rights
According to the Americans with Disabilities Act of
1990 (ADA), employers cannot discriminate against people with disabilities.
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for
enforcing these regulations.
As a veteran, the job
hunt can seem daunting.
The transition from
school to work life is difficult. Remember that you're an American citizen with
certain unalienable rights. If you're a disabled person, it's important to know
these rights when seeking employment.
We're examining your
rights as an individual with disabilities in the workplace. The ADA goes beyond
employment, but we'll focus on your rights as an employee below.
Who's Protected?
According to the ADA, a
disability is any physical or mental impairment that hinders any major life
activities. The impairment must be substantial.
The ADA also protects
any individual whose employer believes he or she has a substantial impairment.
In this case, a candidate or employee doesn't have to prove the disability
exists.
A substantial impairment
is anything that majorly impacts sight, hearing, speech, breathing, performing
manual tasks, and more.
You must still be able
to perform essential job duties with or without reasonable accommodations. If
you meet the specified requirements for employment, an employer cannot refuse
employment.
Types of Employers
In general, all
employers may not discriminate against employees with disabilities. This
includes private employers, state and local governments, employment agencies,
labor management committees, and labor organizations.
The EEOC protects people
with disabilities regarding all employers with 15 or more employees.
The EEOC, the Department
of Justice (DOJ), and the Department of Labor coordinate the enforcement of
these laws.
Employment Practices
The ADA prohibits
discrimination in the following categories:
- Training
- Hiring
- Firing
- Pay
- Benefits
- Job assignments
- Leave
- Promotions
- Lay off
You have a legal right
to assert your rights if you feel they are being infringed upon by an employer.
What About Drug Users?
Illegal drug users are
not protected. Your employer is legally allowed to perform drug tests as part
of the hiring process.
Even if you are in a
rehabilitation program, an employer may still deny you employment.
What Does Reasonable Accommodation Mean?
Under the ADA, you're
entitled to reasonable accommodations if you have a disability. These are
accommodations made to help an individual perform essential job duties.
These can include
modified or provided equipment, a more accessible workplace, modified work
schedules, interpreters, restructuring of the position, or position
reassignment.
An employer does not
have to provide accommodations that would create undue hardship for the
business. This would be anything that would cause excessive difficulty or
expense.
Discrimination: Disabilities in the Workplace
Not all employers act
with honesty and integrity when making decisions. You may come across some
situations in which you're discriminated against.
An employer is not
allowed to explicitly ask if you have a disability or about its nature. But, an
employer can ask you if you can perform the job duties with or without
reasonable accommodation. They may ask you to show how.
Medical Examinations
It's unlawful to single
out any candidates for a position to undergo a medical examination based on a
disability. All candidates for the same position must undergo the same
examination.
If you do undergo a
medical examination, the results can only get used to deny employment if
they're related to the specific position.
Employers may perform
voluntary medical examinations as part of any health and wellness program. This
information must be confidential. It's usually used in workers' compensation
claims.
What Do I Do if I'm Discriminated Against?
If you experience
discrimination because of a disability, contact the U.S. Equal Employment
Opportunity Commission. File your complaint within 180 days of the alleged
discrimination.
If your state provides
relief for such cases, you may have up to 300 days to file a complaint. Check
your local and state laws.
You may be able to
qualify for relief for discrimination
based on disabilities. These may include compensatory
and punitive damages, depending on the case.
Compensatory damages
will be paid to you. Punitive damages are usually directed at punishing an
employer.
Limits on damages will
depend on the size of the employer.
Before taking any legal
action, make sure to file a complaint with the EEOC. They will help you decide
the best action to take.
With any legal action,
you may benefit from hiring an attorney. They can provide professional legal
counsel, especially if your case moves forward to litigation.
Back Into the Civilian Workforce
If you recently got out
of the military or are just getting back into the workforce, you may find that
it is more difficult than you expect.
Remember that you are
not alone and that you're entitled to your rights.
Before you apply for a
job with an employer, do a bit of research. Do they stand by your values? Do
they hire disabled veterans?
Some companies are more
vet-friendly than others. It may be worth seeking out these employers. It may
make the transition much easier.
Visit a job board that specializes in
jobs for veterans.
You may find that you
don't want to work for someone who would discriminate against you.
If you're a qualified,
hard-working employee, you should have no problem finding employment. If you do
face discrimination, don't be afraid to assert your rights.
Get Into It
Now that you're familiar
with the regulations set forth by the Americans with Disabilities Act, you can
feel more comfortable on your job hunt.
Although it may be
intimidating, you're protected, like any other citizen.
Don't be afraid to
assert your rights as an individual with disabilities in the workplace. Nobody
likes to file a lawsuit, but you can if the treatment you receive is exceptionally
malicious.
As you move forward,
feel free to visit our blog.
You'll find important information regarding disability issues and disabled jobs