Employment Rights of People with Disabilities

Employment Rights of People with Disabilities

 

The ADA: Your Employment Rights as an Individual With a Disability – If you have a disability and are qualified to do a job, the ADA protects you from job discrimination on the basis of your disability. Under the ADA, you have a disability if you have a physical or mental impairment that substantially limits a major life activity. The ADA also protects you if you have a history of such a disability, or if an employer believes that you have such a disability, even if you don’t.

To be protected under the ADA, you must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.

If you have a disability, you must also be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation, in order to be protected from job discrimination by the ADA. This means two things. First, you must satisfy the employer’s requirements for the job, such as education, employment experience, skills or licenses. Second, you must be able to perform the essential functions of the job with or without reasonable accommodation. Essential functions are the fundamental job duties that you must be able to perform on your own or with the help of a reasonable accommodation. An employer cannot refuse to hire you because your disability prevents you from performing duties that are not essential to the job.
https://www.eeoc.gov/facts/ada18.html

U.S. Equal Employment Opportunity Commission Disability Discrimination – Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.
https://www.eeoc.gov/laws/types/disability.cfm

Employment Rights of Individuals with Disabilities –Information from the Massachusetts Attorney General’s office.
http://www.mass.gov/ago/consumer-resources/your-rights/civil-rights/disability-rights/employment-rights.html

Association of People Supporting EmploymentFirst Employee Rights – Individuals with disabilities are protected from discrimination in employment primarily by the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Many states also have laws to protect against discrimination in employment based on disability, and some of these state laws provide even greater protection than under federal law. The information and resources on this page only concern federal laws which prohibit discrimination in employment based on disability. Other information on state law protecting individuals with disabilities may be available from your state government.
http://apse.org/policy-advocacy/employment-rights-people-with-disabilites/