What does employment discrimination law offer the disabled

Author: Gary Talbot

Employment discrimination laws prohibit discrimination on the basis of various things; this article discusses discrimination against those with disabilities. There are a number of acts covering discrimination, the primary one is the Americans with Disabilities Act. Its purpose is to define who is protected by law, what is illegal discrimination and remedies under the law. The law aims to protect, a person who has a mental or physical impairment that limits one or more of life's major activities, those things an average person can do without too much difficulty like seeing, working, walking, hearing, even breathing.

Employment discrimination laws cover the hiring, promotion and firing processes. This which means, a well-qualified applicant cannot be denied fair consideration for employment. Current employees cannot be denied promotion or terminated on the grounds of their disability. Training, benefits, and employee compensation cannot be waived or in any way altered due to a disability. If an employee or applicant makes a claim of discrimination, they must first be a "qualified individual with a disability", which means if the person is disabled, they must be able to perform the job or task before they can claim they are being discriminated physically.

Employment discrimination laws do not stop at you having a disability and being qualified and capable at your job. There is also a requirement that you be able to perform the job with or without reasonable accommodation. What is reasonable accommodation? It can include things such as making the facilities more easily accessible to people with disabilities, modifying equipment, job restructuring, a modified shift timetable, extra unpaid leave, having qualified people on hand. The employers' obligations in complying with employment discrimination law, is not required to lower production standards or safety levels to make an accommodation, nor are they required to provide items including glasses, hearing aids or special wheel chairs that could be considered as personal use.. as the term suggests employers are required to make reasonable accommodations for a qualified candidate, they are not obligated however, to do something if it would cause undue hardship on the operation of the business. Undue hardship covers things that could cause significant difficulty or expense when compared to overall the size of the business, the current financial status and the operation. This unfortunately provides a loophole that unscrupulous employers can use to discriminate.

No matter why you feel you have been discriminated against, it is important to always check all employment discrimination laws on existing statutes and any relevant case law prior to making a final decision on whether or not to file a complaint.

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