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Rights of Qualified Employees With Disability
Disability discrimination is the practice of discriminating against qualified individuals with disabilities in job training, compensation, firing, hiring, advancement, job application procedures, and other terms, conditions, and privileges of employment and is proscribed by Title I of the Americans with Disabilities Act of 1990 (ADA). The ADA’s scope includes employers employing fifteen or more employees, including state and local governments. It also covers employment agencies and labor organizations. Its nondiscrimination standards similarly apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.
Who is regarded as a person with disability?
A person who has any of the following qualities/characteristics is considered as a person with disability under the law: 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.
Who is regarded as a qualified employee or applicant with a disability?
A qualified employee or applicant with a disability is described as an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.
Under the law, it is required of employers to make reasonable accommodations for the sake of a qualified applicant or employee with a known disability, provided that doing so would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is the term given to an action requiring substantial expense or hardship when considered in light of such matters as the nature and structure of an employer’s operation, employer’s financial resources, and employer's size.
For more legal information on disability discrimination, contact a Mesriani Law Group legal counsel today.
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