Understanding Your Rights as a Person with Disabilities in The Workplace
Discrimination of any kind in the workplace is intolerable, and the law makes specific provisions to protect people with disabilities from unfair treatment. Understanding your rights as a person with disabilities in the workplace is essential for ensuring fair treatment, equal opportunities and creating a conducive work environment. This article will provide comprehensive insights on these vital rights.
The Americans with Disabilities Act (ADA)
The foundation of rights for those with disabilities in the workplace is established, in large part, by the Americans with Disabilities Act (ADA). The ADA was passed in 1990 to prevent discrimination against people with disabilities in all areas of public life. The Act established a broad set of protections and rights for people with disabilities to ensure equal opportunities.
Title I of the ADA - Employment
Title I of the ADA specifically covers employment, asserting that businesses with 15 or more employees cannot discriminate against qualified individuals with disabilities. The Act explicitly covers application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, or privileges of employment. Furthermore, the ADA makes it mandatory for employers to provide reasonable accommodations unless doing so would cause undue hardship.
Defining "Disability"& "Reasonable Accommodation"
In the context of the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or perform essential job functions. Reasonable accommodation might include, for example, making existing facilities readily accessible to and usable by persons with disabilities, job restructuring, modified work schedules, acquiring or modifying equipment or devices, among others.
Discrimination and Retaliation are Prohibited
Under the ADA, employers cannot discriminate in employment decisions on the basis of disability. Employers also cannot retaliate against an individual for asserting their rights under the ADA. Retaliation includes any adverse action like firing, demotion, or undesirable reassignment.
Confidentiality of Medical Information
Employers may only inquire about an applicant's disability if it directly affects the ability to perform the job in question. Once hired, an employer may not ask about a person's disability unless it is related to their job and necessary for the conduct of the employer's business. The ADA also requires that medical records and information be kept confidential and stored separately from regular personnel files.
Filing a Complaint
Any individual who believes they have been discriminated against at work due to their disability can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing federal laws that make it illegal to discriminate. It's essential to be aware that complaints must be filed with EEOC within 180 days from the date of the alleged violation.
Vocational Rehabilitation Act
The Vocational Rehabilitation Act of 1973 offers similar protections like those of the ADA, but specifically for federal employees. Section 501 of the act necessitates federal agencies to establish affirmative action program plans for the hiring, placement, and advancement of individuals with disabilities.
Family and Medical Leave Act (FMLA)
While not strictly a disability law, the Family and Medical Leave Act is another valuable piece of legislation for people with disabilities. It permits eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons, which include a serious health condition that renders the employee unable to perform essential job functions.
Job Accommodation Network (JAN)
The Job Accommodation Network is a free service of the U.S. Department of Labor's Office of Disability Employment Policy. JAN consultants have practical insights and resources for both employees and employers to navigate the complexities of balancing disability accommodations with organizational productivity.
Equip Yourself with Knowledge and Empowerment
Understanding your rights as a person with disabilities in the workplace is invaluable. The ADA, along with legislation like the Vocational Rehabilitation Act, the Family and Medical Leave Act, and resources such as the Job Accommodation Network, offer powerful protections and provisions to ensure that individuals with disabilities receive fair treatment in the workplace. Remember, these laws are in place to make sure you are treated with respect, presented with equal opportunities, and to ensure that your workplace is one that enables rather than hinders. Don't hesitate to assert your rights and take steps to protect yourself in your work environment.
