Employers Responsibility to Prevent Discrimination Based on Disability

Under the Americans Disability Act (ADA) which is amended in 2008, covered employers are prohibited to discriminate workers based on their disability that will deprive them of equal employment opportunities.

With the implementation of ADA, people with disability and other medical condition will be protected from all forms of discrimination and other unfair labor practices in different employment aspects including application procedures, hiring, compensation, job assignment, training, benefits, leave, and termination.

Employers Covered by the ADA

Covered employers include:

• Private employers with 15 or more workers
• State and local government
• Labor unions
• Employment agencies
• Labor management committees

Accommodations for Disabled Workers

Apart from preventing and stopping discriminatory practices in workplace, employers are also required to provide “reasonable” accommodations that will allow disabled employees to work easily and move around the workplace.

“Reasonable” accommodations include:

• Job restructuring or assigning a disabled worker to a less physically demanding job
• Modifying the work schedule
• Installing wheelchair ramp, elevator, and other fixtures and equipment with the same features that will allow disabled workers to easily move around the office
• Installing special office equipment such as computers with text-to-speech technology to allow workers to do their task without undue hardship
• Providing interpreters and readers

Disability Accommodations and "Undue Hardship"

While ADA requires employers to provide special accommodations for disabled workers, they are not required to provide something that will create an “undue hardship” to their companies. The US Equal Employment Opportunity Commission (EEOC) defines “undue hardship” as anything that will downgrade the quality of a good and service; create hardship to other workers; negatively affects the production, sales, and profits; and costs a lot of financial resources to a company.

Disability Discrimination During Interview or Hiring Process

Workers are not the only people who are protected by ADA; even applicants can also seek protection from this anti-discrimination law.

According to EEOC, employers are prohibited to conduct an application and interview process that is discriminatory in nature such as asking disabled people about their disability and the nature of their medical condition.  However, employers may ask applicants about their ability to perform a job-related function (as long as the question does not focus on the applicants’ disability).

Employers are also prohibited to require applicants to undergo a medical examination in exchange of a job offer, unless that all people applying for the same position are also required to take this exam.

Employers are allowed to make decisions based on the outcome of the medical exam as long as these are job-related.  In case that they make decisions based solely on the result of the exam, they will be liable to discrimination lawsuits and claims. Once the employers hire applicants, they cannot require a medical exam or ask employees about their disability and medical condition, unless these are job-related.