Disability In Employment

Having a disability in employment situations is not an uncommon occurrence. Individuals with disabilities are protected by the Americans with Disabilities Act of 1990 ("ADA"). The ADA is a civil rights disability benefits law that outlines the rights of people with disabilities in employment situations. A person qualifies as having a "disability" under the ADA if the person (1) has a physical or mental impairment that substantially limits a major life activity, (2) has a record of such an impairment, or (3) is regarded as (or seen as) having such an impairment. The U.S. Equal Employment Opportunity Commission ("EEOC") is responsible for enforcing disability benefits law, including the ADA, and ensuring that a person with a disability at work is free from discrimination. The ADA applies to state and local governments, private employers with at least 15 employees, labor unions, and joint labor-management committees and prohibits discrimination against employees with a disability at work. The ADA applies to employees from the time they apply for a job, through the time where they are already employed. The ADA provides that people with a disability at work are treated fairly when it comes to the decisions that employers make about hiring, pay, promotions, benefits, and training.

Fast Facts

  • Under the ADA, a "reasonable accommodation" is a modification to a job or work environment that will allow a qualified applicant/employee with a disability to perform specific job functions.
  • Employers are not required to reallocate essential functions as part of a reasonable accommodation.

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