The Americans with Disabilities Act (ADA) refers to disability as an impairment, whether mental or physical, that significantly limits one or multiple significant life activities. These activities include communicating, hearing, seeing, reading, talking, and walking. The impairment can also affect the function of other body organs such as the brain, bladder, immune system, reproductive, endocrine, and circulatory system. The definition also applies to individuals who have a history of any impairment mentioned above.
Disability can result in discrimination because people around you assume that your disability makes you incompetent in performing tasks that a person without a disability would perform. As such, you may have challenges in getting employment. If you or anyone around you was denied a job due to a disability and need a lawyer, you should consider an employment attorney Newport Beach. An employment attorney Newport Beach can handle disability discrimination disputes to ensure that you are not denied your rights.
What is disability discrimination?
Disability discrimination, concerning the workplace, is a situation whereby the employer makes decisions that result in the unfair treatment of a qualified applicant or an employee as a result of their disability. Disability discrimination can occur when a qualified applicant or employee experiences unfair treatment by the employer based on:
- Their history of disability.
- Their relationship to someone with a disability.
If you have been subjected to any of the above situations, then you should consult an employment attorney for disability discrimination.
What federal laws cover qualified individuals with disabilities?
The Americans with Disabilities Amendments Act of 2010 protects qualified individuals with disabilities from discrimination by employment agencies, labor organizations and unions, local and state governments, private employers, and labor-management committees with more than fifteen employees. This Act protects qualified individuals with disabilities throughout the processes of making job applications, hiring, promotion, compensation, training, and discharge of employees.
The Rehabilitation Act of 1973 protects applicants and employees with disabilities working in federal agencies or federal funded programs. According to the ADA, these two laws protect persons with disabilities. Furthermore, a disability discrimination lawyer for the workplace interprets these laws in the event of a dispute between the employer and employee.
Who is a qualified person with a disability?
A stipulation for protection by the ADA is that the individual is able and qualified to perform the essential duties or functions of the job with reasonable accommodation. Essential functions or duties are those that are critical to the job position.
Additionally, to be qualified, an individual must meet the employer’s requirements, such as educational background, job experience, and skills. A disabled person with these qualifications can still experience discrimination, which is why there is a need for an employment attorney for disability discrimination.
What is a reasonable accommodation?
The law requires employers to give reasonable accommodation to applicants and employees with a disability as long as it does not result in an undue hardship. A reasonable accommodation is an adjustment that enables the qualified applicant or employee to perform their duties with the same ease as those who do not have the disability. For example, deaf applicants can be provided with a sign language interpreter during the interview.
Employers are, however, not required to provide items of personal use, such as prostheses or hearing aids.
Persons with disabilities are required to ask for reasonable accommodation, except when the employer knows the disability. The request can be made using clear and concise English in writing or verbally. The employer can, however, ask for the request to be done in writing for purposes of documentation.
If the process of providing reasonable accommodation leads to undue hardship, the employer is not required to provide it. Undue hardship is whereby significant expense is incurred in the process of providing accommodation. When analyzing if an accommodation results in undue hardship, factors considered include the company’s size and finances and costs involved in providing the accommodation.
The employer and employee should determine what accommodation can be provided to best suit the employee’s needs. The employer is allowed to choose which accommodation to provide if multiple accommodations work.
The services of a Newport Beach disability discrimination attorney are necessary if your employer does not provide accommodation based on claims of undue hardship or the request is not within the company policy. Employers are also encouraged to have a disability discrimination lawyer for the workplace to advise them on such matters.
Employers are mandated by the ADA to keep information relating to an employee’s disability private. The ADA, however, allows the employer to share such information only in relevant situations such as:
- To first responders in case, the individual requires special evacuation procedures.
- For purposes of insurance.
- For purposes of compensation.
- For purposes of communicating accommodations or restrictions to supervisors and managers.
Disability-related questions and medical exams.
Employers are prohibited from asking disability-related questions to job applicants. They are also prohibited from asking applicants to undergo a medical exam. Employers are, however, allowed to ask disability-related questions or ask for a medical exam after a job is offered. An exception applies to if the information and exam are required of other employees as well.
How does disability discrimination manifest?
Disability discrimination can manifest in numerous ways. Some of them include:
This occurs when a person without disabilities is preferred over one with disabilities solely because they have no disability. If you or your friend or family was denied a job due to a disability and need a lawyer, you should consider contacting a Newport Beach disability discrimination attorney.
This includes derogatory remarks being made about the person’s disability regardless of whether they were made by a supervisor, a colleague, or a client.
- Failure to accommodate.
This involves imposing punitive measures on an employee for speaking out about disability discrimination.
- Taking adverse actions such as a demotion or giving restricted access to certain areas based on disability.
- Having a discriminatory work culture.
This could include placing restrictions on certain positions such that some positions are only given to those without disabilities without a valid reason. It also includes ensuring that persons with disabilities are allocated working stations that are not in the public eye.