Laws That Protect Disabled Workers
Posted in Employee Rights
Having a disability doesn't have to hamper you from having a productive career. Many disabled individuals hold jobs that vary with his/her limitations. The thing is that employers can't accept people from their company just because they have disabilities. Remember that no one but the individual, in consultation with his/her doctor, has the right to decide what job he or she can hold.
There are laws that protect the (workplace) rights of people with disabilities. A number of these laws are stipulated in several sections of Rehabilitation Act of 1973. These sections prohibit federal agencies from discriminating against qualified but disabled individuals.
These laws also "require contractors and subcontractors who have a contract with the federal government for $10,000 or more annually to take affirmative action to employ and advance in employment qualified individuals with disabilities, prohibit recipients of federal financial assistance from discriminating against qualified individuals with disabilities in employment and in their programs and activities, and require that individuals with disabilities, who are members of the public seeking information or services from a federal department or agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities.
Each state may also have its own anti-discrimination laws on their books.
The most well-known anti-discrimination law is the Americans with Disabilities Act of 1990 (ADA). ADA Title I covers employment. The ADA law has required that companies who employ 15 people or more must make reasonable accommodations that allow a qualified applicant with a disability to complete the application process or carry out duties of their job.
The ADA states "an individual is considered to have a disability if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment."
Requiring a job candidate to take a medical exam prior to a job offer being made is illegal. Employers also can't attempt to determine whether a job candidate has a disability. Thus, a lot of times it is up to the employee to decide if he/she decides to disclose his/her disability to the employer. In case of an obvious disability, it is still up to the individual.
Invisible disabilities are those that are not readily visible to anyone, but may keep the individual from performing certain job duties.
An example may be a chronic illness like arthritis or a mental illness. While one may have reasons for keeping a disability a secret from an employer, revealing it may require the employer to provide certain accommodations that will allow a worker to perform his or her job.
