Workplace Disability Discrimination

Workplace Disability Discrimination is prohibited by the Americans with Disabilities Act of 1990 ("ADA"). The ADA protects the rights of employees with disabilities in the workplace. 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 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 in the workplace 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

  • After January 26, 1992, the ADA prohibits discrimination in state and local governments, regardless of the number of employees.
  • Every employer covered by the ADA must post notices in an accessible format to applicants and employees describing their status as an equal opportunity employer.

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