It is unlawful for an employer to discriminate employees or applicants or treat them less favorable because of their disability. Moreover, it is also illegal to harass individuals at their workplace, if:
- They have a relationship with a person who has disability, for example, a spouse, a sister etc.
- They have a history of a disability.
- They have any kind of disability that is expected to last 6 months or less.
- They actually do not have any impairment, but the employer believes that they have.
The Americans with Disabilities Act (ADA) of 1990 prohibits employers with at least 15 employees from discriminating against qualified workers with disabilities in all aspects of employment including hiring, training, pay, promotion, firing, and more. It also protects employees from retaliation when they enforce their rights under the law.
The law also requires an employer to provide “reasonable accommodation” to an employee or a job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).
Under the ADA the definition of disability is a physical or mental impairment that substantially limits a major life activity. It applies to such components of human’s life as walking, talking, seeing, hearing, or learning. So if any of these activities are not performed due to individual’s impairment, then the employee is considered to be disabled under the law.
If you feel that you are mistreated because of the disability discrimination at your workplace, do not hesitate to contact our employment law attorneys and get a free consultation. We will do everything to help and protect you!