Discrimination and the Americans With Disabilities Act
Factors such as race, sex, and religion are generally recognized as the three main characteristics for discrimination. However, employers sometimes discriminate based on other factors, including the presence of both physical and mental disabilities. Although the Americans with Disability Act, or ADA, makes this type of discrimination illegal, it can unfortunately still occur in the workplace.
Under the Americans with Disabilities Act, a disability can be physical or mental, as long as the problem severely restricts or impairs at least one aspect of the person's life. This includes conditions such as deafness, paralysis, and mental retardation.
The ADA was originally passed in 1990 and later amended in 2008. It directs many different aspects of equality for disabled men and women, such as accessibility to public buildings, public transportation, and more. However, one of the most well-known sections of this law is Title I, or the section that protects disabled persons against discrimination in the workplace.
First, there are many different workplace practices where discrimination is disallowed. This includes everything from recruitment and hiring to promotions and firing. In fact, Title I of the ADA severely restricts the ability of employers to ask potential employees about disabilities before making a job offer.
An important part of decreasing workplace discrimination against those with disabilities is making the workplace more accessible to those with disabilities. This may include physical changes, such as adding ramps for people in wheelchairs, or additional support services, like interpreters for those who are deaf. Also, if someone is diagnosed with a chronic disease such as diabetes, they are required to be allowed to check and manage insulin levels while they at work.
Lastly, it is important to understand that the ADA mainly applies to state and local governments as well as businesses that reach minimum standards, such as a certain number of employees. In the federal government, the legislation that prevents disability discrimination is called the Rehabilitation Act of 1973. Although this is separate from the ADA, it is similar to Title I of the ADA in the way that it determines federal workplace disability discrimination.
If you have been subjected to unfair treatment by a federal employer, whether for a disability or other factor, you have the power to fight back. An employment attorney can help you determine whether or not the mistreatment you endured constitutes as discrimination, and can guide you along the path to justice.
Under the Americans with Disabilities Act, a disability can be physical or mental, as long as the problem severely restricts or impairs at least one aspect of the person's life. This includes conditions such as deafness, paralysis, and mental retardation.
The ADA was originally passed in 1990 and later amended in 2008. It directs many different aspects of equality for disabled men and women, such as accessibility to public buildings, public transportation, and more. However, one of the most well-known sections of this law is Title I, or the section that protects disabled persons against discrimination in the workplace.
First, there are many different workplace practices where discrimination is disallowed. This includes everything from recruitment and hiring to promotions and firing. In fact, Title I of the ADA severely restricts the ability of employers to ask potential employees about disabilities before making a job offer.
An important part of decreasing workplace discrimination against those with disabilities is making the workplace more accessible to those with disabilities. This may include physical changes, such as adding ramps for people in wheelchairs, or additional support services, like interpreters for those who are deaf. Also, if someone is diagnosed with a chronic disease such as diabetes, they are required to be allowed to check and manage insulin levels while they at work.
Lastly, it is important to understand that the ADA mainly applies to state and local governments as well as businesses that reach minimum standards, such as a certain number of employees. In the federal government, the legislation that prevents disability discrimination is called the Rehabilitation Act of 1973. Although this is separate from the ADA, it is similar to Title I of the ADA in the way that it determines federal workplace disability discrimination.
If you have been subjected to unfair treatment by a federal employer, whether for a disability or other factor, you have the power to fight back. An employment attorney can help you determine whether or not the mistreatment you endured constitutes as discrimination, and can guide you along the path to justice.