People with disabilities usually experience employment discrimination every day, even though various state and federal laws clearly prohibit this practice. These laws help ensure that qualified individuals with disabilities have equal access to employment opportunities, fair treatment, and reasonable workplace accommodations.
Many disabled individuals have experienced so much job discrimination over the years that they believe they have no legal rights. That is especially true in at-will employment states, such as Arkansas. However, an at-will law is not a license to discriminate. This discrimination can be direct or indirect. More on that below.
These laws give disabled employees substantial rights, but only a North Little Rock employment lawyer can effectively breathe life into these laws. Additionally, only an attorney knows how to make the law work for people. This combination helps a North Little Rock employment lawyer obtain maximum compensation for disability discrimination victims.
What is Employment Discrimination for People With Disabilities?
All employees, whether disabled or not, must meet certain job qualifications and perform all assigned job duties.
For example, Tina’s job may require a certain amount of experience or a certain certification. If a disability prevents Tina from meeting those qualifications, she may have experienced discrimination, but she did not experience job discrimination. However, if a recognized physical, mental, or other disability prevents Tina from carrying out assigned job duties, a North Little Rock employment lawyer may need to step in.
Nevertheless, disability discrimination is broad. It is not limited to entry and exit-level decisions. Disability discrimination can happen during hiring, promotions, pay decisions, training, job assignments, layoffs, or terminations.
Under U.S. law, employers cannot deny equal employment opportunities based on a disability. Qualified individuals with disabilities must be evaluated based on their skills, experience, and ability to perform essential job duties, with or without reasonable accommodation.
Disability discrimination is real, and so are the effects. It can affect people with visible disabilities, invisible disabilities, temporary impairments, chronic illnesses, or mental health conditions.
Laws That Protect Employees With Disabilities
Several federal laws protect workers with disabilities from discrimination in the workplace. Generally, a “disability” is any condition that regularly impairs a necessary work-related function and cannot be medically controlled through medication, therapy, surgery, or otherwise.
Americans With Disabilities Act (ADA)
Since 1990, the ADA has been the primary law protecting disabled employees. The ADA prohibits discrimination against qualified individuals with disabilities in private-sector workplaces, state and local governments, employment agencies, and labor unions.
This law, which applies to all public and private employers with 15 or more employees, requires employers to provide reasonable accommodations, unless doing so would create an undue hardship. Generally, any medically necessary request is reasonable, and an undue hardship is much more than additional cost or inconvenience.
The ADA was amended in 2008 to ensure a broader interpretation of what constitutes a disability. For example, if Tina’s boss believes she has a disability, the ADA may apply, whether she’s disabled or not.
Rehabilitation Act of 1973
The Rehabilitation Act of 1973 protects employees working for federal agencies, federal contractors, and organizations receiving federal financial assistance.
This law is more limited than the ADA in terms of application, but broader in terms of scope. Section 501 and Section 504 of the law prohibit disability discrimination and require affirmative action in federal employment.
State Disability Discrimination Laws
Many states have additional disability discrimination laws that may provide broader protections than federal law. Some state laws apply to smaller employers and may offer expanded accommodation rights or additional remedies.
Who is Protected Under Disability Discrimination Laws?
Approximately 25% of American workers struggle with at least one disability. The aforementioned laws protect most of these individuals if they:
- Have a physical or mental impairment that substantially limits one or more major life activities,
- Have a history or record of a disability, or
- Are regarded by others as having a disability.
Mobility impairments, which greatly affect the ability to perform many work-related tasks, are the most common kind of disability. Others include:
- Hearing Loss: Currently, more than 50,000 Americans have some form of hearing loss. A medical device, like a hearing aid, can correct many hearing loss issues. But not everyone can wear hearing aids, and these devices are not always effective.
- Chronic Illness: Diabetes, COPD, and other chronic illnesses are manageable in many instances. However, these illnesses are disabling in other situations. Employers cannot assume that a chronic illness is or is not disabling.
- Mental Conditions: Autism, depression, anxiety, and Post Traumatic Stress Disorder are always disabling, if they’re severe enough. Usually, a victim needs a medical diagnosis to establish a severe mental disability.
The law protects qualified individuals who can perform essential job functions with or without reasonable accommodation.
Sometimes, these laws work together. If Paul was on Social Security Disability before he started work at XYZ Corporation, his case for disability protection is much stronger.
Examples of Disability Discrimination at Work
Many disability victims never make it through the door. Refusing to hire a qualified applicant may be the most common kind of disparate treatment (treating different people differently because they are different), disability discrimination.
An employer cannot reject a candidate solely because they use a wheelchair, have a mental health condition, or require medical treatment. Furthermore, an employer must provide reasonable accommodations, such as extra time to complete a test, during the application process.
Continuing with that point, employers also may violate the law if they refuse reasonable accommodations that would help an employee perform their job duties. Examples of reasonable accommodations include:
- Modified work schedules,
- Remote work options,
- Accessible workstations,
- Screen-reading software,
- Sign language interpreters,
- Additional unpaid leave, and
- Reassignment to a similar, vacant position.
Harassment, wrongful termination, and retaliation round out the most common kinds of disability discrimination in American workplaces.
Disability-related jokes, insults, offensive comments, or repeated mistreatment may qualify as unlawful workplace harassment if the negativity is so bad that it affects job performance. As for wrongful termination, an employer cannot legally fire an employee because of a disability if the employee can perform essential job functions with reasonable accommodation.
It is illegal for employers to punish workers for requesting accommodations, filing discrimination complaints, or participating in investigations. This part of the law also protects non-disabled people who engage in certain protected activities, such as encouraging a disabled person to file a complaint or ask for a reasonable accommodation.
What is a Reasonable Accommodation?
A reasonable accommodation is a workplace adjustment that allows an employee with a disability to perform essential job duties or enjoy equal employment opportunities. Employers must engage in an interactive process with employees to identify effective accommodations. Examples of reasonable accommodations include:
- Flexible scheduling for medical appointments,
- Ergonomic office equipment,
- Modified training materials,
- Job restructuring,
- Accessible parking, and
- Assistive technology.
Indirect discrimination (disparate impact discrimination) sometimes comes into play in this area. A budget freeze that prevents an employer from making reasonable accommodations could be disparate impact discrimination.
Work With a Dedicated Attorney
Various laws protect disabled workers from discrimination. For a confidential consultation with an experienced nationwide employment lawyer, contact Punchwork Law. Virtual and after-hours visits are available.
