Understanding Your Rights as a Disabled Person in the Workplace 

Thriving in a workplace oriented around the capabilities of able-bodied individuals is challenging enough without facing issues related to discrimination, but alas, workplace bias against disabled persons remains a common occurrence in American society. If you are disabled, it is therefore essential that you familiarize yourself with your rights: Thanks to the The Americans with Disabilities Act of 1990 (ADA) is it illegal within the United States to discriminate against a qualified disabled person. If it happens to you, you can fight back.

Am I Covered Under the ADA?

 To be protected by the ADA, you will need to have it on medical record that you suffer from a disability which seriously impacts your ability to perform one or more major life activities, e.g. hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for yourself, or processing new information. You must also: a) be qualified to perform the essential functions or duties of your job (you will need the correct education, employment experience, skills or licenses, and be able to work independently on job-related tasks) and b) not be using illegal drugs. Illegal drug use can completely void your rights under the ADA.

 Tenets Of The ADA

 The ADA makes it unlawful to discriminate against disabled persons at any time during the employment process, including during:

• recruitment
• firing
• hiring
• training
• job assignments
• promotions
• payment
• benefits
• laying off
• leave taking

 Your employer also cannot retaliate against you for asserting your rights as a disabled person—doing so is illegal. The ADA also extends to protect people who experience discrimination because of their family, business, social, or other relationship with a disabled person, so if someone you interact with is being discriminated against due to their association with you, you can pursue legal action.

 Under the ADA, you are also entitled to what is known as “reasonable accommodation.” According to the U.S. Equal Employment Opportunity Commission, reasonable accommodation is defined as “Any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.”

Some examples of reasonable accommodations include:

• Providing or modifying job equipment so that it can be used by a qualified disabled person;
• Restructuring a job to be more accommodating;
• Adjusting work schedules, examinations, training materials, or policies to fit a qualified disabled candidate;
• Providing readers and/or interpreters;
• Modifying the workplace itself so that it is accessible to and usable by people with disabilities.

Note, however, than an employer may be able to void the above requirements if he or she can prove that providing an accommodation will put his or her business at risk due to significant difficulty or expense.

 If you believe your employer has acted in violation of the ADA, you should speak to a lawyer as soon as possible; you may be entitled to compensation.

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