Employees, even though they are disabled, shouldn’t still be discriminated in their workplace. The Americans with Disabilities Act or ADA helps prevent this scenario from happening but there may still be confusion on what discrimination due to disabilities still really mean. This article is made to help more people who have questions about this employment issue.
The American Disabilities Act
The ADA was created to help protect employees who are under a private employer who has a minimum of 15 employees, the government, unions, and other employment agencies against disability discrimination. The discrimination can occur at any time and with conjunction with any of the employment practices such as during training, hiring, promotion, demotion, and many others.
To be protected by the ADA, the employee should have a disability that is considered by the ADA as a disability. At present, the ADA hasn’t produced a detailed list of the different disabilities that makes the employee eligible to be covered but the ADA states that an employee is considered to have a disability if the employee has a mental or physical condition that substantially lessens their ability to do some major activities in life. Among the major life activities include eating, walking, reading, sleeping, thinking and many others. Also included are those with major mental or medical illness. There are numerous disabilities that are covered and being covered would mean that the employee is eligible to receive reasonable accommodation.
Providing Reasonable Accommodation
When an employee has a disability, he or she has the right to have a modified place of work or some sort of modifications so that he or she can still perform the duties assigned to him or her unless the modifications needed place the employer into undue hardships. Modifications can range from smaller ones like having flexible working hours to help make sure that medical appointments of the employee can be accommodated or larger ones such as transport modifications because the employee is needed at another location for work.
Changes and modifications can be accommodated by the employer if it is not considered as undue hardship. If the employer considers the modification as undue hardship then he or she has to prove that the modification requested by the employee with the disability is too expensive or is disruptive to the workplace or to other employees.
Ask For Help
For employees with disability that are confused about the cover, it is best to find the top employment lawyer and ask for professional help. This prevents the employee from wrongfully assuming and it also helps give justice to the employee when the employer has done any employment discrimination due to disabilities. There are lawyers that can help employees understand their situation and advise them on what steps they should take next. For those who have consulted an attorney but are not satisfied with the answers you get, feel free to find a second opinion to really make sure that what the first lawyer advised is right.